Mandatory pre-deposit compliance allowed in part, with appeal to be restored and heard on merits after deposit of balance amount.

Where a substantial part of the mandatory pre-deposit had already been paid and only a small balance remained, the HC permitted the appellant to complete the deposit within a short time. The Court took note that the appeal had been filed with only a seven-day delay and held that, on compliance with the balance pre-deposit, the appeal should be restored and heard on merits. The operative effect was to allow cure of the procedural default rather than finally foreclose appellate review.

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Issues: Whether time should be granted to complete the balance statutory pre-deposit for the appeal and, on such compliance, the appeal should be restored and heard on merits.

Analysis: The record showed that a substantial part of the required pre-deposit had already been paid. The remaining balance of the mandatory 10% deposit was stated to be small, and the delay in filing the appeal was only seven days. In these circumstances, the Court found it to permit compliance within a short time and to restore the appeal upon deposit of the balance amount.

Conclusion: The appellant was granted time to deposit the remaining balance of the required pre-deposit, and on such deposit the appeal is to be restored and decided on merits.

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