Writ maintainability despite alternate remedy and conditional restoration of appeals for pre-deposit non-compliance.

A writ petition may be entertained against a final tribunal order in an appropriate case despite the availability of an alternate statutory remedy, particularly where equitable indulgence is sought and the challenge does not turn on a substantial question of law. An appeal dismissed for non-compliance with a pre-deposit direction may be conditionally restored if the court permits belated compliance, directs deposit within a stipulated time, and gives credit for amounts already remitted. The impugned orders were set aside on that conditional basis and the appeals were ordered to be restored on compliance.

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Issues: (i) Whether the writ petitions were maintainable against the final order of the appellate tribunal despite the availability of an alternate statutory remedy; (ii) whether the order rejecting the appeals for non-compliance with the pre-deposit condition should be set aside and the appeals restored on payment of the directed amount.

Issue (i): Whether the writ petitions were maintainable against the final order of the appellate tribunal despite the availability of an alternate statutory remedy.

Analysis: The challenge was to a final order of the tribunal, but the Court noted that in appropriate cases a writ petition can be entertained even where an alternate remedy is available. The petitions were treated as seeking equitable indulgence rather than raising a substantial question of law, and the respondents did not seriously oppose such consideration.

Conclusion: The writ petitions were held maintainable.

Issue (ii): Whether the order rejecting the appeals for non-compliance with the pre-deposit condition should be set aside and the appeals restored on payment of the directed amount.

Analysis: The appeals had been rejected only because the petitioners did not comply with the pre-deposit directions. Taking a balanced view of the matter, the Court permitted belated compliance, directed deposit of the reduced sum within the stipulated period, and allowed credit for amounts already remitted in computing the deposit.

Conclusion: The impugned orders were set aside conditionally and the appeals were directed to be restored on compliance with the deposit requirement.

Final Conclusion: The petitions were allowed by granting conditional relief, enabling restoration of the appeals before the appellate tribunal upon timely deposit of the stipulated amount.

Ratio Decidendi: A writ petition may be entertained against a final tribunal order in an appropriate case notwithstanding an alternate statutory remedy, and an appeal dismissed solely for non-compliance with a pre-deposit condition may be restored if the Court directs belated compliance on equitable terms.

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