INDO INTERNATIONAL LTD Vs. UMRAOMAL LODHA

JUDGEMENT

(1.) ALL these review applications have been preferred by petitioner against common judgment dated 8th Jan., 2008, passed in W.A. Nos.1138 to 1144 of 2007.

(2.) THE main ground taken for review is that the court has made certain observations without noticing the averments made in the writ petition and other documents, which learned counsel wanted to rely giving effect to error of observation made with regard to the financial condition of the petitioners. One of the question raised for determination in these review applications is whether the court is supposed to refer each and every ground and document, if not specifically raised by counsel for the party nor relies upon at the time of hearing of the case.

(3.) AGAINST the said order, the petitioners preferred appeal before the Registrar, Appellate Tribunal for Foreign Exchange, New Delhi, with separate application for waiver of pre -deposit of penalty amount. The Appellate Tribunal, by its different orders dated 14th March, 2007, held that no prima facie case was made out and rejected the applications for waiver, but granted 45 days time to the appellants to deposit the penalty amount. The petitioners, thereafter, preferred writ petitions, which were heard by learned single Judge, who set aside certain part of the observations of the Appellate Tribunal, but affirmed the order rejecting the application for waiver of penalty amount and dismissed the writ petitions on 7th Aug., 2007. The appeals were also dismissed by detailed common judgment dated 8th Jan., 2008, giving rise to these review applications.