Conditional pre-deposit dismissal set aside where substantial deposit was made and modification request was ignored.

Dismissal of an appeal for alleged non-compliance with a conditional pre-deposit order was held unsustainable where the appellant had deposited nearly half the demand, the compliance date fell on a Sunday, and a modification petition was filed the next day. The High Court found that the appeal was dismissed without considering that request, and that course warranted interference. The dismissal order was set aside and the appeal was remanded for fresh disposal on merits in accordance with law.

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Issues: Whether the dismissal of the appeal for non-compliance with the conditional pre-deposit order was sustainable, and whether the appeal should be restored and decided afresh.

Analysis: The petitioner had deposited nearly half of the demand, and the time fixed for compliance fell on a Sunday. A modification petition was filed on the next day, but the appeal was dismissed without considering that request. In these circumstances, the Court found it to interfere and direct reconsideration of the appeal on merits.

Conclusion: The order dismissing the appeal was set aside and the appeal was remanded for fresh disposal in accordance with law.

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