S K MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition seeking quashing of order dated 12th August, 2008 passed by learned Appellate Tribunal for Foreign Exchange in Appeal No. 335 to 337/2003 and directing the Tribunal to hear the appeal on merit without insisting upon the pre-deposit of the penalty amount of Rs. 2. 00 lakhs.

(2.) BY order dated 12th August, 2008 in Appeal No. 335 to 337/2003, the application of the appellant, Shri S. K. Mittal, was rejected and the petitioner was directed to deposit the penalty amount within seven days from the date of the receipt of the order dated 12th august, 2008. Learned counsel for the petitioner has relied on a decision dated 5th May, 2009 passed in W. P. C. No. 8355 of 2008 titled S. K. Mittal v. Appellate Tribunal for Foreign Exchange filed by the petitioner against the penalty amount of Rs. 6,41,18,065/- imposed on him for contravention of sections 8 (1), 9 (1) (a) and 9 (1) (f) (i) of the Foreign Exchange Regulation Act, 1973. By order dated 5th May, 2009, it was noticed that the petitioner has filed 178 appeals before the Appellate Tribunal for Foreign Exchange challenging the penalty orders. This Court in the said writ petition considering the fact that the orders passed directing the petitioner to deposit the penalty amount and dismissing his appeal for dispensation, had considered the assets of the wife of the petitioner and the lack of the assets of the petitioners were not considered, and considering the facts that the petitioner had already deposited rs. 5. 00 lakhs with the Adjudicating Officer and on petitioner showing his willingness to deposit a further amount of Rs. 12,50,000/- in two equal installments, first installment of Rs. 2. 5 lakhs payable by 30th May, 2009 and the balance amount of Rs. 5. 00 lakhs each payable on or before 31st July, 2009 and 30th September, 2009, granted dispensation with the deposit of the penalty amount. While granting dispensation with the deposit of penalty amount, it was held categorically that this order will apply equally to and shall govern all 178 appeals which are pending before the appellate Tribunal by the abovenoted petitioner.

(3.) LEARNED counsel for the petitioner on instructions states that the present petition also arises out of one of the appeals bearing No. 335/2003 where the application of the petitioner for dispensation with the pre-deposit was dismissed and the petitioner was directed to deposit the penalty amount. Since by order dated 5th May, 2009, it has been held that the decision to dispense with pre-deposit on petitioner depositing Rs. 12. 50 lakhs shall also be applicable to the appeal from which the present petition has arisen, the present petition can be disposed of in terms of the said order.