MINAL EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. Balani in support of petitioners. Mr. Jetly appears for respondents. Petition has been filed to challenge the Order-in-Appeal dated 20th January, 2006 passed by the Additional Director General of Foreign Trade. That order had recorded that the petitioner had not deposited 10 per cent of the penalty which was required to be given as pre-deposit and, therefore, the appeal was rejected.

(2.) After this petition was filed, the petitioners have deposited that 10 per cent amount and Ms. Balani has tendered a photocopy of the challans regarding deposit of Rs. 6,50,000.00 with the Central Bank of India being 10 per cent deposit of the penalty of Rs. 65,00,000.00 and meant towards account No. 1453, Foreign Trade & Export Promotion. In view thereof, it is clear that the order of pre-deposit has been complied with.

(3.) We, therefore, set aside the Order-in-Appeal dated 20th January, 2006 dismissing the appeal for non deposit. Appeal stands restored to the file of the Director General of Foreign Trade who will decide it on its own merits.