9911796707
TMI Blog1996 (2) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... alty of Rs. 50,000 has been imposed on the first appellant for contravention of sections 9(1)(b) and 9(1)(d) on the allegations contained in SCNII. A total penalty of Rs. 50,000 has been imposed on the third appellant for contravention of sections 9(1)(b) and 19(1)(b) of the Act on the allegations contained in SCN II which was issued in common to the first and the third appellants. The amount of Rs. 10,000 seized from the business premises of the third appellant has also been ordered to be confiscated. 2. Shri Mahendra Singh appeared for the second and third appellants. None appeared for the first appellant. The counsel for the first appellant Shri Javali has sent a telegram seeking adjournment as he is 'held up in criminal matter befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that during the pendency of these appeals before the FERA Board the appellant received a notice of personal hearing dated 23-2-1994 whereunder these cases were fixed for personal hearing before Special Director on 24-3-1994 at Bangalore. He stated that Shri Javali complied with the notice and appeared for personal hearing on 24-3-1994 when he was asked to file his written replies which he did by sending the written replies dated 31-3-1994 by speed post. Thereafter, the second appellant received another adjudication order dated 16-8-1994 which was passed after hearing the appellant's counsel and considering his written submissions dated 31-3-1994. Another common adjudication order of the same date was received by the first and the third ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder be set aside insofar as it relates to the 3 appellants in Appeal Nos. 774, 775 and 776 of 1993. He also contended that in view of what is submitted by him the requirement of pre-deposit would cause undue hardship to the appellants and prayed for waiver. He stated that two of the appellants, in any case, have already deposited a part of the penalty amounts. 6. In view of the submissions made by Shri Singh, I called upon Dr. Shamsuddin to produce the adjudication file for my perusal. 7. After perusal of the adjudication file I decided to waive the requirement of pre-deposit in all the cases except to the extent the penalty amounts remained to be deposited. This common order disposes of all the three appeals on merits. After perusal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he fact that the appellants' Advocate Shri Javali sought adjournment of hearing fixed for 22-9-1993, and prayed for personal hearing in all the three cases and that he was accorded personal hearing establishes that (1) that the impugned order dated 11-11-1993 was passed without affording personal hearing to the appellants; and (2) the learned Adjudicating Officer conceded the prayer of personal hearing made by Shri Javali, held personal hearing and passed fresh adjudicating orders after hearing the counsel and considering his written submissions. In the circumstances, the impugned order is not legally sustainable on both the counts as contended by Shri Singh, namely, that the order is bad in law as it has been passed without affording p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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