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TMI Blog2009 (9) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Tribunal for Foreign Exchange : 2. This appeal has been filed against Adjudication Order No. ADJ/246/AD(SGS/B/91/4258 dated 29.8.91 passed by Assistant Director, Enforcement Directorate, Mumbai imposing a penalty of Rs. 25.000/- (Rupees Twenty five thousand only) against Shaikh Mohd. Ismail Adam for contravention of the provisions of Section 9(1)(b) 9(1)(d) of the FERA, 1973 for having re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and matter on behalf of the respondent. However, the said order has not been complied by the appellant despite expiry of about more than three years which shows lack of bonafide on the part of the appellant. Today the appellant has not appeared despite service of notice nor any application has been moved giving any justification for the non-compliance of the order. Shri Jagal Singh, DLA vehemently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, prefer an appeal to the Appellate Board; Provided that the Appellate Board may entertain any appeal after expiry of said period of forty live days but not after 90 days, from the date foresaid if it is satisfied that appellant was prevented by sufficient cause from filing the appeal in time. Provided further that where the Appellate Board is of opinion that the deposit to be made will cause und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that where pre-deposit was not made in compliance with the provisions of the Section or with any order that may be passed there under, the Appellate Authority is fully competent to reject the appellate for non-compliance with the statutory provisions and in such a case the Appellate Authority cannot proceed to hear an appeal on merits. 5. No doubt Section 52 does not expressly provide for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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