RAM NARESH YADAV Vs. DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Ref:- Civil Misc. Delay Condonation Application No. 132841 of 2016.

(2.) Adjudication proceedings under the provisions of Section 18 (2) and 18(3) of Foreign Exchange Regulation Act, 1973 were initiated against the appellant-Ram Naresh Yadav, the proprietor of M/s. Naresh Carpet Co., Khamaria, District-Bhadohi, culminating in an order of Deputy Director, Enforcement Directorate (FERA), Calcutta dated 14th August, 2003. In the letter forwarding the order dated 14.8.2003 itself, the petitioner was informed that the appeal would be maintainable only if the amount of penalty imposed is deposited within 45 days. Against the said order, the appellant before us filed an appeal under Section 49(5A) of the Foreign Exchange Regulation Act, 1999.

(3.) The appellant however, chose to file his appeal on 22.5.2004 along with an application for dispensing with the pre-deposit of the penalty. This application for waiver of pre-deposit was disposed of vide order dated 11.12.2008. The Tribunal by means of the said order permitted waiver of 50% of the penalty amount with a direction to deposit the remaining 50% within 30 days of the receipt of the order of Tribunal. The appellant decided not to deposit even this 50 % of the amount and filed an application for review of the order dated 11.12.2008. This review application has been rejected by the Tribunal vide order dated 18th February, 2009.