UNION OF INDIA (UOI) Vs. CLASSIC CREDIT LTD.

JUDGEMENT

(1.) THESE are appeals against the common order dated 14th January, 2008 passed by S. Ravindra Bhat, J. By that order the learned Judge, while allowing the recall application of the respondent herein, held that a writ petition under Article 226 of the Constitution of India is maintainable against the order of the Appellate Tribunal for Foreign Exchange whereby the Tribunal had directed pre -deposit of 50% of the demanded penalty imposed by the Special Director.

(2.) A preliminary point was raised by the appellant herein before the learned single Judge that in view of Section 35 of the Foreign Exchange Management Act, 1999 (for short "the Act"), the respondent should have filed an appeal and not the writ petition. The learned single Judge by his order dated 7th November, 2007 directed the writ petition to be treated as an appeal under Section 35 of the Act and listed before the appropriate bench.

(3.) THE question is whether the order of pre -deposit is appealable under Section 35 of the Act and whether this Court should decline to entertain a writ petition of the respondent?