MULTI FASHION PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellants had filed W.P.(C) No.80/2008, from which this appeal arises, impugning the order dated 11th October, 2007 of the Appellate Tribunal for Foreign Exchange dismissing the appeal preferred by the appellants for the reason of the failure of the appellants to pre -deposit 10% of the penalty amount i.e. Rs.15 lacs as directed. The learned Single Judge while issuing notice of the writ petition directed the appellants to deposit some amount to show their bona fide. In pursuance thereto a sum of Rs.3 lacs was deposited by the appellants. The appellants thereafter deposited a further sum of Rs.3 lacs. The writ petition was listed before the learned Single Judge on 25th November, 2008 when the appellants sought time and assured that the balance amount of Rs.9 lacs would be deposited within two months. Accordingly, the writ petition was disposed of vide order dated 25 th November, 2008 directing that upon the appellant depositing Rs.9 lacs within two months, the Appellate Tribunal would hear the appeal of the appellants on merits.

(2.) IT appears that the appellants did not deposit the said amount of Rs.9 lacs within the time granted by the learned Single Judge. No application also was filed seeking extension of time. After more than four years, CM No.16874/2012 was filed seeking condonation of delay of 1095 days in depositing the amount. The learned Single Judge, vide impugned order dated

(3.) IT is also worth noticing that the appellants were directed to make pre - deposit of only 10% i.e. Rs.15 lac out of the adjudicated amount of 150 lacs, way back in the year 2004. The appellants cannot, after having enjoyed the said monies for the last eight years, be permitted to, at their own sweet will determine as to when they would want to have their appeal heard. No litigant has a right to so abuse the process of law.