CHANDRAKANT BUTALAL SHAH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The Petitioner has approached this court to challenge the order dated 22.3.2007 passed by the appellate tribunal for Foreign Exchange. By that order the Petitioner's appeal was dismissed on the ground of non-compliance of pre-deposit order dated 30.3.2005. The learned tribunal by its order dated 30.3.2005 had directed the Petitioners to make pre-deposit of 20% of the amount of penalty i.e. Rs. 10 lacs.

(3.) The real issue would be whether it was open to the Petitioner to have applied for recalling of the order dated 30.3.2005 and consequently whether the appeal could have been disposed of without considering the application which was pending. The order of 22.3.2007 was passed on the ground that there was failure to deposit, after hearing the counsel for the Petitioner herein. It is contended on behalf of the Petitioner that the appeal could not have been disposed of without first considering the application which was pending before the tribunal for recalling of the order dated 30.3.2005.