Pre-deposit stay orders cannot be modified later through rectification when no apparent error is shown.

An order directing pre-deposit, once passed after considering rival submissions and the adjudication findings, could not be modified in a later miscellaneous application as if it were an appeal. The challenge raised issues meant for examination at the final hearing, and no error apparent on the face of the record was shown to justify rectification. The Tribunal therefore declined to interfere with its earlier stay order and rejected the rectification application.

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Issues: Whether the Tribunal could modify or interfere with its earlier stay order directing pre-deposit in a miscellaneous application.

Analysis: The order on pre-deposit had been passed after considering the rival submissions and the adjudication findings. The challenge raised in the miscellaneous application concerned matters that were to be examined at the stage of final hearing. In view of the settled position that an order passed under the pre-deposit provision cannot be modified subsequently as if in appeal, no error apparent on the face of the record was shown to justify interference.

Conclusion: The Tribunal could not modify the earlier stay order and the application for rectification was rejected.

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