BABU LAL Vs. ADDITIONAL CHIEF CONTROLLER

JUDGEMENT

(1.) This petition has been filed under Articles 226/227 of the Constitution, claiming the following reliefs :

(2.) Parties do not dispute that the appeal filed by petitioner before respondent No. 1 under Section 4(M) of Imports and Exports (Control) Act, 1947 could not be considered on merits, as the petitioner was not able to deposit a sum of Rs. 75,000/-, or to furnish a Bank guarantee for the said amount, which was directed to be complied with by the Appellate Authority. This matter is pending in this Court since 1988.

(3.) Mr. Neema, learned Counsel appearing for respondents submits that on account of the fact that petitioner had neither deposited the amount of Rs. 75,000/-, nor furnished the Bank guarantee for the said amount, before Appellate Authority within the time stipulated by Appellate Authority, therefore, petitioner's appeal has been dismissed in default. Mr. Neema submitted, that unless some amount is directed to be deposited, appeal cannot be revived and heard on merits. According to him, such a procedure has to be followed which is mandatory in an appeal filed under the aforesaid provision.