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TMI Blog2004 (2) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... der, all the notices the Firm by name M/s. Addi Fashions and its two partners, were found guilty of the charges and so the firm was imposed with penalty of Rs. 1,00,000 whereas the partners Rs. 1,25,000 each. 2. The Appeal No. 14 is by the Firm whereas the Appeal Nos. 15 and 16 are by its partners. The appellants were Noticee Nos. 1 to 3 in the adjudication proceedings. The charge against the firm was that M/s. Addi Fashions had failed to repatriate an export proceeds equal to Rs. 10,78,400 in respect of GR No. 676590 and GR No. 779280, dated 17-5-1990 without any general or special permission from the RBI and so had contravened the provisions of section 18(2) read with section 18(3) of the Act; the charge against the partners was for cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty is thoroughly excessive and illegal. 5. The common point arises in all these appeals is whether any intervention is called for in the impugned orders by this Forum? 6. Since the counsel for the appellants submitted that interim stay was also granted by previous orders pending service of hearing notice to the appellants and on perusal of the records, I felt it fair to take up the appeals for disposal on merits; the Ld. ALA also prayed for an early disposal. Accordingly, the cases were taken up for hearing. Both sides were heard. The appeals are being so disposed of on merits. 7. The point : The counsel for the appellants submits that they had not received any adjudication order within the time prescribed for filing the appeal and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red by GR No. 779280, as they were informed by the Punjab National Bank their authorised dealer. In these lines of arguments, the counsel for the appellants submitted that the findings by the adjudicator that the appellant's firm had failed to initiate reasonable efforts for realisation of the export proceeds, is bad in law. The ALA submits that the so-called disintegration of the State much long after the expiry of the time for realisation of the export proceeds and that it was only due to failure of the appellants for realisation of the export dues under GR Forms that the Adjudicating Officer had concluded the appellants guilty of the charges. I have closely examined the validity of the pleadings and submissions by either side. The impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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