Pre-deposit hardship relief: High Court reduced the deposit condition after finding inadequate consideration of financial incapacity.

The Madras High Court interfered with a Tribunal's pre-deposit condition after finding that the petitioners' financial hardship had not been properly weighed. Although the Tribunal had noted limited immovable property and adverse financial condition, it still required a substantial deposit, which the Court held was an improper exercise of discretion in the circumstances. The Court modified the condition by reducing the pre-deposit and directed that, on compliance, the appeal would be heard on merits. The impugned order was therefore set aside subject to deposit of the reduced amount within the stipulated time.

---

---

Issues: Whether the Tribunal's direction requiring pre-deposit of Rs. 1,00,000 was justified in a case where the petitioners claimed financial hardship, and whether the writ petitions should be allowed with modification of the pre-deposit condition.

Analysis: The order records that the Tribunal had taken note of the petitioners' financial position, including the limited immovable property of one petitioner and the adverse financial condition of the other, yet still directed deposit of a substantial sum. The Court found that the Tribunal had not properly exercised its discretion in light of the hardship faced by the petitioners and that their financial incapacity was not adequately considered. The Court therefore interfered with the pre-deposit direction and substituted a reduced condition.

Outcome: The impugned order was set aside subject to deposit of Rs. 20,000 within four weeks, and upon such deposit the appeal was to be heard and decided on merits.

---