Pre-deposit waiver denied where related proceedings and earlier exemptions did not justify modifying the stay order.

A request for modification of a stay order and waiver of pre-deposit was rejected where the applicants relied on a connected dispute involving the same brand name and exemptions granted for other periods. The Tribunal held that the existence of a similar issue in another matter, and exemptions for different periods, did not by itself justify altering the earlier pre-deposit direction. No case for waiver was made out, and the modification application was dismissed, although further time was granted to comply with the pre-deposit requirement.

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Issues: Whether the applicants made out a case for modification of the stay order and waiver of the direction to pre-deposit Rs. 6 lakhs.

Analysis: The applicants sought dispensation with pre-deposit on the basis that the dispute was linked with another concern using the same brand name and that exemption had been allowed for other periods. The Tribunal noted that in the connected matter also a conditional pre-deposit order had been made and that exemption for different periods did not by itself justify altering the earlier stay direction.

Conclusion: No case for waiver of pre-deposit was made out. The application for modification was dismissed, though time for compliance with the pre-deposit requirement was extended.

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