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Issues:
- Appeal against penalty for contravening Foreign Exchange Regulation Act, 1973 - Request for condonation of delay in filing appeal - Interpretation of time limitation for filing appeal under section 52 of the Act Analysis: The judgment pertains to an appeal against a penalty imposed on the appellant for contravening the provisions of the Foreign Exchange Regulation Act, 1973. The appellant requested an ad interim stay and hearing in Hyderabad due to financial constraints. The respondent argued that the appeal was time-barred as it was filed beyond the 90-day limitation period. The respondent provided evidence that the appellant had received the adjudication order in November 1999, contrary to the appellant's claim of receiving it in March 2001. The appellant failed to provide a clear timeline of when the order was received, leading to doubts about the delay. The appellant's reasons for the delay included shifting residences and family visits, but the tribunal found the delay to be inordinate without sufficient cause. Regarding the interpretation of time limitation for filing an appeal under section 52 of the Act, it was noted that appeals were required to be filed within 45 days of receiving the impugned order. The tribunal had the discretion to entertain appeals beyond 45 days but not exceeding 90 days if satisfied with the reasons for the delay. The provision for condonation of delay was also present in the Foreign Exchange Management Act, 1999. Despite considering written and oral submissions, including evidence provided by the respondent, the tribunal found no sufficient cause for the delay in filing the appeal. The delay of over one year after receiving the order was deemed unjustified, leading to the dismissal of the appeal as time-barred.
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