Statutory pre-deposit waiver may be sought where financial incapacity requires consideration by the appellate authority under law.

Financial incapacity may justify an opportunity to seek waiver of a statutory pre-deposit before the Appellate Authority. The notes state that, on the peculiar facts, the petitioner should be permitted to explain the asserted inability to make the prescribed deposit. Any waiver application is to be assessed by the Appellate Authority in accordance with law. The direction is confined to the case-specific facts and is stated not to operate as precedent.

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Issues: Whether the petitioner should be afforded an opportunity to seek waiver of the statutory pre-deposit on grounds of financial incapacity.

Analysis: In the peculiar facts, an opportunity was warranted for the petitioner to explain the asserted pecuniary condition and inability to make the prescribed pre-deposit before the Appellate Authority. Any such application is to be considered by that Authority in accordance with law. The direction is confined to the facts of the case and is not precedent.

Conclusion: The petitioner may apply to the Appellate Authority for waiver of pre-deposit, and the application may be considered in accordance with law.

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