Conditional pre-deposit under foreign exchange law enforced as appeal was dismissed for non-compliance with deposit direction.

Conditional pre-deposit under section 52(2) of the Foreign Exchange Regulation Act required deposit of the penalty amount before an appeal could be entertained, unless dispensation was granted for undue hardship. The appellant failed to comply with an earlier direction to deposit 20% of the penalty and did not show sufficient cause or bona fide efforts to comply. As the consequence of non-compliance had been clearly stated in the conditional order, the tribunal dismissed the appeal for failure to satisfy the pre-deposit requirement.

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Issues: Whether the appeal was liable to be dismissed for failure to comply with the conditional pre-deposit order passed under section 52(2) of the Foreign Exchange Regulation Act, 1973.

Analysis: The statutory scheme required deposit of the penalty amount before the appeal could be entertained, unless dispensation was granted on the ground of undue hardship. The appellant had earlier been directed to deposit 20% of the penalty and did not comply with that order. No sufficient cause or bona fide effort to comply was shown, and the consequence of non-compliance had already been made clear in the conditional order.

Conclusion: The appeal was dismissed for non-compliance with the pre-deposit direction.

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