Petition challenging dismissal of appeal regarding export obligations and penalty pre-deposit. Court found no flaw requiring interference and dismissed petition.
Petition dismissed with no order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO.2200 OF 2006
Dayalal Tejraj Jain. .. .. Petitioner
v/s.
Union of India & ors. .. .. Respondents
Mr.H.R.Shetty i/by H.R.Shetty & Co. for
petitioner.
Mr.Y.R.Mishra for respondents.
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CORAM : H.L. GOKHALE &
J.P. DEVADHAR, JJ.
DATED : 5th October 2006
P.C. :
1. Heard the learned Counsel for the parties.
2. The Petitioner was proceeded against for
failing to submit the documents to prove that he
had fulfilled the export obligations. The
adjudication order dated 19th March 2003 was
appealed and the Appellate Authority reduced the
pre-deposit amount to 10% of its original penalty
amount by an order passed on 7th July 2005. A
period of two months was given to deposit the
penalty amount but the same was not so deposited.
Therefore, the Appeal stood dismissed. No
application was moved to set aside that order.
When the Appeal reached for final hearing, all
that the Appellate Authority has done is to record
once again that for non-submission of pre-deposit
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of penalty, the Appeal will stand rejected. We do
not find any reason to interfere with this order.
Petition is dismissed.
(H.L. GOKHALE, J.)
(J.P. DEVADHAR, J.)
2 issues framed by the court
Whether the High Court should interfere with the appellate authority's order dismissing the appeal for failure to deposit pre-deposit amount.
Whether there was any error or illegality in the order rejecting the petition due to non-submission of documents.
Dayalal Tejraj Jain
Union of India
H.L. Gokhale
J.P. Devadhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court