9911796707
TMI Blog2008 (5) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellate Tribunal for Foreign Exchange is delivered by Shri O.P. Nahar, Chairperson: 2. This is an appeal against adjudication order No. ADJ/195 to 197-B/SDE/KNR/2004/6575 dated 21.7.04 passed by Special Director Enforcement Directorate imposing a penalty of (a) Rs.75,80,000 against allegations contained in SCN-IV for contravention of Section 8(1) and 8(2) FER Act on the reasons that appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit 25% of penalty within 45 days from the receipt of that order failing with this appeal will be dismissed on this ground alone . 4. The appellant has filed an application for modification of pre-deposit order dated 6,12.07directing him to make pre-deposit 25% of penalty. It is pleaded in the aforesaid application that impugned order has saved the real culprit but has imposed penalty against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder. Faced with aforesaid situation the counsel repeatedly argued for dispensation of pre-deposit. Howsoever this Tribunal cannot re-visit its own order which though commonly named as Interim Order but as per the principles in Civil Procedure Code the pre-deposit order is not an interim order but is an order proper passed for admission of the appeal under Section 52(2) FER Act 1973 (refer USRT Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such fee as may be prescribed and), after depositing the sum imposed by way of penalty under Section 50 and within 45 days from the date on which the order is served on the person committing the contravention, prefer an appeal to the Appellate Board; Provided that the Appellate Board may entertain any appeal after expiry of said period of forty five days but not after 90 days, from the date afore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The appellant has failed to make pre-deposit of penalty in compliance of order dated 27-3-2008 passed by this Tribunal. There is no bonafides in favour of the appellant. When compliance of judicial order is not reported the appellant has no equity in his favour. Further, the appellant was clearly told by the text of the order dated 27-3-2008 consequence of non-depositing of the penalty that appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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