The bench held that the appeal, pending nearly seven years, should be heard on merits. The court quashed the Appellate Tribunal's order insisting on a pre-deposit and directed the Tribunal to proceed without it.
Impugned order of Appellate Tribunal dated 16th August 2005 quashed; Tribunal directed to hear appeal on merits without pre-deposit.
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.
fera11-12
agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FERA APPEAL NO.11 OF 2012
(originally filed as First Appeal No.1948 of 2005)
M/s.Select Impex Limited ..Appellant.
Versus
Union of India & Others
..Respondents.
None for the appellant.
Mr.A.J. Rana, Senior counsel with Ms.S.V. Bharucha for the respondents.
CORAM : J.P. Devadhar & R.D. Dhanuka, JJ. DATE : 13th September 2012
P.C. :
nearly seven years, for the reasons stated in para-2 of the order passed by the
1 of 2
fera11-12
Tribunal in the impugned order, in our opinion, it would be just and proper to hear the appeal on merits without insisting on any pre-deposit.
2 of 2
1 issue framed by the court
Whether the Appellate Tribunal for Foreign Exchange was justified in directing the appellant to deposit five per cent of the penalty imposed for entertaining the appeal.
1 provisions across 1 enactments
M/s. Select Impex Limited
Union of India
Others
J.P. Devadhar
R.D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
