Anup Kumar Singh Vs. Directorate of Enforcement - Court Judgment

SooperKanoon Citationsooperkanoon.com/1114737
CourtAppellate Tribunal for foreign Exchange New Delhi
Decided OnSep-13-2005
Case NumberAPPEAL NO. 495 OF 2000
JudgeO.P. NAHAR, CHAIRPERSON
AppellantAnup Kumar Singh
RespondentDirectorate of Enforcement
Advocates:T.K. Gadoo for the Respondent.
Excerpt:
foreign exchange regulation act, 1973 - section 52 - comparative citation: 2006 (70) scl 341 (atffe-new delhi)1-2. this is an appeal against adjudication order no. 27/vsi/2000 dated 28-4-2000 passed by assistant director, enforcement directorate imposing a penalty of rs. 60,000 for not taking sufficient and reasonable steps for repatriation of the export proceeds in contravention of the provisions of section 18(2) read with section 18(3) of the foreign exchange regulation act, 1973. 3. while disposing of application for dispensation of the pre-deposit, this tribunal by order dated 13-11-2002 directed the appellant to make pre-deposit of the amount of penalty of rs. 60,000 which the appellant failed to comply. he made an application dated 29-1-2003 describing that the appellant is to poor to make pre-deposit of the amount of penalty of rs. 60,000. on this application, this tribunal by order dated 31-1-2003 extended six months time. however, the appellant failed to make any pre-deposit till today. presently, when this appeal is fixed for hearing and notice was served, the appellant again made an application to this tribunal stating that his wife is ill and he will be required to go to hospital along with his wife. it is for this reason he requested adjournment. 4. according to shri t.k. gadoo, dla, the appellant has not made any pre-deposit as yet despite orders dated 13-11-2002 passed by this tribunal to this effect. as no amount has been deposited, so it is quite clear that bona fides are not demonstrated by the appellant and interim order passed by this tribunal still is not complied with. hence, this appeal is required to be dismissed for non-compliance of the interim order. 5. an order is passed accordingly. this appeal is dismissed for non-compliance of order dated 13-11-2002 passed by this tribunal. there is no equity in favour of appellant. hence, this appeal upon dismissal may be consigned to records.
Judgment:

1-2. This is an appeal against Adjudication Order No. 27/VSI/2000 dated 28-4-2000 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 60,000 for not taking sufficient and reasonable steps for repatriation of the export proceeds in contravention of the provisions of section 18(2) read with section 18(3) of the Foreign Exchange Regulation Act, 1973.

3. While disposing of application for dispensation of the pre-deposit, this Tribunal by order dated 13-11-2002 directed the appellant to make pre-deposit of the amount of penalty of Rs. 60,000 which the appellant failed to comply. He made an application dated 29-1-2003 describing that the appellant is to poor to make pre-deposit of the amount of penalty of Rs. 60,000. On this application, this Tribunal by order dated 31-1-2003 extended six months time. However, the appellant failed to make any pre-deposit till today. Presently, when this appeal is fixed for hearing and notice was served, the appellant again made an application to this Tribunal stating that his wife is ill and he will be required to go to hospital along with his wife. It is for this reason he requested adjournment.

4. According to Shri T.K. Gadoo, DLA, the appellant has not made any pre-deposit as yet despite orders dated 13-11-2002 passed by this Tribunal to this effect. As no amount has been deposited, so it is quite clear that bona fides are not demonstrated by the appellant and Interim Order passed by this Tribunal still is not complied with. Hence, this appeal is required to be dismissed for non-compliance of the Interim Order.

5. An Order is passed accordingly. This appeal is dismissed for non-compliance of order dated 13-11-2002 passed by this Tribunal. There is no equity in favour of appellant. Hence, this appeal upon dismissal may be consigned to records.