9911796707
TMI Blog2001 (8) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... rong prima facie case and the balance of the convenience in their favour as well as financial difficulties in pre depositing the amount of penalty as the business of the appellant s firm has been badly shattered. 2. Dr. Shamusuddin on behalf of the respondents submitted that the evidence said to be relied upon by the appellant was not adduced in the adjudication proceedings and therefore, the case should be remanded back to the adjudication officer for re-adjudication. 3. In the facts and the circumstances of the case as well as the amount of penalty involved, I do not consider it just and proper to remand the case back to the Adjudication Officer for re-adjudication and therefore, dispense with the pre deposit of the penalty and proceed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... early as possible. Reference in this regard is made to the buyer s letters dated 15-4-1998, 6-5-1998, 24-6-1998 and 11-8-1998 which are pages 9 to 12 of the appellant s Paper Book. The appellant in turn sent repeated letters to their bankers for necessary action. Copies of the appellant s letter dated 11-11-1997, 28-6-1998, 28-4-1998, 7-5-1998, 11-10-1998, 25-6-1998, 28-6-1998, 12-8-1998 are at pages 13 to 22 of the appellant s Paper Book respectively. It appears that the bank insisted on fresh ECGC coverage as the buyer was new one. The appellant has also applied to Export Credit Guarantee Corporation of India Ltd. but the necessary coverage could not be obtained as that corporation was unable to have necessary report from their sources a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty which was declined and the adjudicating authority proceeded ex parte on the basis of available evidence and held the firm guilty of contravening section 18(2) read with section 18(3) on the basis of non-realisation of the second cheque given by the buyer. In view of the averments made in the memorandum of appeal as well as the supporting evidence, the appellants have duly explained the non-realisation as well as action taken by them for its realisation. 7. In the facts and circumstances of the case, I find that the appellants have taken all the reasonable steps in terms of section 18(3) and with the result I held that imposition of penalty under the impugned order is not warranted in the facts and circumstances of the case and accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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