Substantial pre-deposit may be required at the stay stage when full waiver is not justified, with dismissal risk for non-compliance.

At the stay stage, the Tribunal declined full waiver of pre-deposit and held that a further deposit was necessary in view of the dispute, the amount already paid, and the submissions on record. It fixed the pre-deposit at Rs. 25 lakhs, inclusive of sums already paid, and required compliance within four weeks. The interim relief was made conditional on that deposit, and non-compliance was stated to expose the appeal to dismissal under the statutory pre-deposit requirement.

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Issues: Whether the appellant should be granted waiver of pre-deposit and stay of recovery pending appeal.

Analysis: The appeal arose at the stay stage. Taking into account the nature of the dispute, the amounts already paid, and the rival submissions, the Tribunal found that a further deposit was necessary to meet the ends of justice. It fixed the pre-deposit at Rs. 25 lakhs inclusive of the amount already paid, and directed payment within four weeks, failing which the appeal would be liable for dismissal for non-compliance with the statutory pre-deposit requirement.

Conclusion: Waiver of pre-deposit was declined and the appellant was directed to pre-deposit Rs. 25 lakhs.

Final Conclusion: Interim relief was conditioned on substantial pre-deposit, and the matter was kept pending subject to compliance.

Ratio Decidendi: In a stay application, the Tribunal may require a substantial pre-deposit where the circumstances do not justify full waiver, and non-compliance can expose the appeal to dismissal under the statutory pre-deposit regime.

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