Pre-deposit compliance allowed revival of appeal on merits after dismissal for non-payment of the required amount.

Failure to comply with a pre-deposit condition led to dismissal of the appeal, but the High Court permitted revival of consideration on merits if the required deposit was made within the stipulated time. The petitioner undertook to deposit the amount within two weeks, and the respondents did not oppose the request. On that basis, the Court quashed the dismissal order and directed that the appeal be heard on merits upon timely compliance; failing such deposit, the writ petition would stand dismissed.

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Issues: Whether the dismissal of the appeal for non-compliance with the pre-deposit requirement should be quashed and the appeal directed to be considered on merits on deposit of the amount directed by the Tribunal.

Analysis: The petitioner had been directed to deposit Rs. 1 lakh as a condition for hearing of the appeal, but failed to comply within the time allowed. In the writ proceedings, the petitioner expressed readiness to make the requisite deposit within two weeks, and the respondents did not oppose the request. The Court accepted the request and treated compliance with the Tribunal's earlier order as the basis for revival of consideration on merits.

Conclusion: The dismissal order of the Tribunal was quashed, and the appeal was directed to be considered on merits if the petitioner made the deposit on or before the stipulated date; failing such deposit, the writ petition would stand dismissed.

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