Right to cure pre-deposit default: appellate dismissal quashed and appeal restored subject to a short timeline to pay.

An appellate dismissal for non-payment of a statutory 10% pre-deposit made without prior intimation or hearing can be quashed where the default is curable; the remedy is restoration of the appeal on terms granting a short, specified opportunity to make the pre-deposit. The operative effect ordered is that the appeal is restored subject to the appellant depositing the required pre-deposit within three weeks from the date of uploading of the order, failing which the appeal will be dismissed and the impugned order will remain in force. The principle permits cure of procedural defaults by conditional reinstatement.

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Issues: Whether the appellate authority's dismissal of the appeal for failure to make the prescribed 10% pre-deposit should be quashed and the appeal restored with an opportunity to make the pre-deposit.

Analysis: The petition seeks setting aside of the appellate order of dismissal for non-payment of the pre-deposit on the ground that the appeal was instituted offline and the petitioner was not intimated of the default nor heard before dismissal. The relief proposed is restoration of the appeal on the file of the Appellate Authority subject to the petitioner making the required pre-deposit within a specified short period, failing which the appeal would stand dismissed without further reference.

Conclusion: The appellate authority's order dated 28.11.2025 is quashed and the appeal is restored to the file of the Appellate Authority on condition that the petitioner makes the required pre-deposit within three weeks from the date of uploading of this order; failure to comply will result in dismissal of the appeal and the impugned order remaining undisturbed.

Ratio Decidendi: Where an appeal is dismissed for non-payment of a statutory pre-deposit without intimation or hearing and the default can be cured, a court may quash the dismissal and restore the appeal on terms permitting a short opportunity to make the pre-deposit, subject to a clear timeline and consequence for non-compliance.

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