Mandatory pre-deposit for foreign exchange appeals: failure to comply leads to dismissal without merits review.

Where the appeal provision makes pre-deposit of the penalty amount a mandatory condition for maintainability, the appeal cannot proceed unless the requirement is dispensed with on grounds of undue hardship. The appellants were given time to comply with the conditional order but failed to make the deposit and showed no bona fide basis for further indulgence. Non-compliance with the statutory deposit requirement and the Tribunal's order therefore resulted in dismissal of the appeals without consideration of the merits.

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Issues: Whether the appeals were liable to be dismissed for failure to comply with the pre-deposit condition under the Foreign Exchange Regulation Act, 1973.

Analysis: The appeal provision required deposit of the penalty amount as a condition precedent, subject only to dispensation on the ground of undue hardship. The appellants were given time to comply with the conditional order but failed to make the required deposit. No bona fide compliance or equitable ground was shown to justify further indulgence.

Conclusion: The appeals were dismissed for non-compliance with the pre-deposit condition.

Final Conclusion: Failure to satisfy the statutory deposit requirement and the Tribunal's conditional order resulted in dismissal of the appeals without examination of the merits.

Ratio Decidendi: Where a statute makes pre-deposit of the penalty amount a mandatory condition for maintaining an appeal, non-compliance with that condition, absent dispensation on undue hardship, warrants dismissal of the appeal.

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