Pre-deposit modification in an admitted appeal turned on prima facie case, financial hardship, and comparable deposit terms.

A pre-deposit condition in an admitted appeal was modified after the Court considered the prima facie case, the appellant's financial record, the amount already deposited, and comparable terms in a similar matter. Admission of the appeal indicated a prima facie case, but the plea of financial hardship was not substantiated because the record showed loss only in one year and profits in later years. The Court therefore directed an additional deposit, with dismissal of the appeal to follow if the revised condition was not complied with.

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Issues: Whether the pre-deposit condition imposed in the appeal deserved modification in view of the material on record, the admitted appeal, and the plea of financial hardship.

Analysis: The Court noted that admission of the appeal indicated a prima facie case, but the financial record showed loss only in one year and profits in the succeeding years, thereby not supporting the plea of hardship. The Court also took into account the amount already deposited and the comparable terms granted in a similar matter involving similar facts.

Conclusion: The pre-deposit order was modified and an additional deposit was directed, failing which the appeal would stand dismissed.

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