A JOSEPH Vs. TAHSILDAR EGMORE NUNGAMBAKKAM TALUK MADRAS

JUDGEMENT

(1.) THE Order of the Court is as follows :-

(2.) IT is seen that the third respondent Deputy Directorof Enforcement, Enforcement Directorate, Madras by his order dated 25-10-1993 has imposed a personal penaltyof Rs. 35, 000/-against the petitioner for contraventionof Section 29(1)(a) and, Section 9(1)(d) readwith Section64(2)of the Foreign Exchange RegulationAct. Aggrieved by the said order, the petitionerfiled an appeal before the ForeignExchange Regulation Appellate Board -thefifth respondent herein. Accordingto the petitioner, he has also filed an applicationto dispense with the payment of personal penaltyofRs.35, 000/- pendingdisposalof the appeal. Now the grievance of the petitioner is that in the absenceof anyorder being passed in the petitionfiled for dispensing with the payment ofpersonal penalty and in view ofthe fact that the appeal filed by him is pending before thefifth respondent, the impugned recoverynotice issued bythe first respondent cannot besustained.