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TMI Blog2011 (2) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeals when the Appellate Authority had directed the appellant to make pre-deposit for Rs. 5,00,000/- for both the appeals - Discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject to such condition as the Appellate Authority may impose - If in exercise of such discretion, the Appellate Authority in the present case dispensed with the pre-deposit penalty of Rs. 1,30,00,000/- in each of the two appeals subject to the appellant depositing a sum of Rs. 5,00,000/- the Division Bench of the Delhi High Court ought not to have enhanced the amount of pre-deposit to Rs. 20,00,000/- for each of the two appeals - Set aside the impugned order of the Division Bench of the High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 11(2) of the Foreign Trade (Development and Regulation) Act, 1992 (for short the Act ) will not be imposed on it. Thereafter, two orders dated 24-5-2002 and 27-6-2002 were passed by the Adjudicating Authority imposing a penalty of Rs. 1,30,00,000/- in respect of each of the two licences on the appellant and its partners under Section 11(2) of the Act. Aggrieved, the appellant filed two appeals before the Appellate Authority against the two orders of penalty. Alongwith the appeals, the appellant also filed applications for stay of recovery of the penalty amounts but the appellant was intimated to make pre-deposit of Rs. 5,00,000/- towards the penalties after which the appeals will be decided by the Appellate Authority on merits. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viso to sub-section (1) of Section 15 of the Act states that in the case of an appeal against a decision or order imposing a penalty or redemption charges, no such appeal shall be entertained unless the amount of the penalty or redemption charges has been deposited by the appellant. The third proviso to sub-section (1) of Section 15 of the Act, however, states where the Appellate Authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose. Hence, under the Act discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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