SHALINI EXPORTS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) P.C. Rule : Heard forthwith.

(2.) The Adjudication Officer passed an order under the provisions of the Foreign Exchange Regulation Act (FERA) and Foreign Exchange Management Act, 1999 (FEMA). The petitioner herein aggrieved preferred an Appeal before the Tribunal which was numbered as Appeal No. 243/05. The Appellants moved by way of dispensation of pre-deposit. By order dated 13th May, 2005 the Tribunal passed an order to make pre-deposit of 30% of the amount of penalty within 456 days from the date of the order failing which the Appeal would be dismissed on that ground alone.

(3.) The petitioner herein did not comply with the said direction, but on 6th February, 2006 moved a Miscellaneous Application for Review/Modification of the order dated 13th May, 2005. By order of 18th July, 2008 after hearing the parties the learned Tribunal was pleased to observe in para 8 that Appeal No. 24305 is required to be dismissed for non-compliance of pre-deposit order dated 13th May, 2005.