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TMI Blog1992 (9) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Board for hearing on 7-8-1992 at Bangalore regarding condonation of delay and waiver of pre-deposit of the total penalty of Rs. 7 lakhs imposed on the appellant Shri Rajendra Kumar vide adjudication order No. ADE/MAS/56-57/90 dated 1-2-1990. 2. Relevant section 52(2) of the Foreign Exchange Regulation Act. 1973 ('the Act') reads as follows: (2) Any person aggrieved by such orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear that the Board does not have any power to condone the delay beyond 90 days. 4. In the instant case, copy of the adjudication order was received by the appellant on 10-3-1990 and the memorandum of appeal was received by the Board on 11-6-1990, i.e., beyond 90 days from the date, i.e., 10-3-1990, on which the adjudication order was served on the appellant. 5. The counsel for the appellant submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g paragraph, that the memo of appeal was despatched on 7-6-1990, whereas in his written arguments received today in the Registry of the Board, it is stated that the memo of appeal was despatched on 9-6-1990. If 9-6-1990 is taken as the date of despatch of the memo of appeal, the appeal is clearly beyond 90 days as ninety days had expired on 8-6-1990. In that event, even the issue raised by the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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