Single pre-deposit for company and directors satisfies appeal when liability is joint and several.

Where the company and its directors were proceeded against jointly and severally, a single pre-deposit satisfied the statutory pre-condition for hearing the appeal. The Delhi High Court held that separate deposits for the petitioner company and its directors were not required, and that one deposit equal to 7.5% of the duty drawback element was sufficient compliance. The appeals were therefore permitted to proceed on the basis of that single qualifying deposit, and the appellate authority was directed to decide them in accordance with law.

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Issues: Whether, for hearing of the appeal, separate pre-deposit amounts were required from the petitioner company and its directors, or whether one pre-deposit of 7.5% of the duty drawback element would suffice.

Analysis: The Court noted that where the company and its directors were proceeded against on a joint and several basis, a single pre-deposit would meet the statutory pre-condition for hearing of the appeal. It therefore held that the separate deposit demanded in respect of the petitioner and its directors was not essential and that one deposit to the extent of 7.5% of the duty drawback element would amount to sufficient compliance.

Conclusion: One set of pre-deposit was held sufficient for consideration of the appeals, and the appellate authority was directed to decide them in accordance with law subject to such deposit.

Final Conclusion: The petition was allowed to the extent of removing the requirement of separate pre-deposits for the petitioner and its directors, and the appeals were permitted to proceed on compliance with a single qualifying deposit.

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