Pre-deposit as a condition precedent under FERA: non-compliance after conditional relief makes the appeal untenable.

A statutory pre-deposit requirement under the Foreign Exchange Regulation Act, 1973 operated as a condition precedent to entertaining the appeal, subject to dispensation on undue hardship. Conditional relief from full deposit had been granted, but the appellant did not comply even after adequate time, and no appearance was made to seek further indulgence. The appeal was therefore treated as untenable and dismissed for failure to satisfy the mandatory deposit condition.

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Issues: Whether the appeal was liable to be dismissed for failure to comply with the pre-deposit requirement under the Foreign Exchange Regulation Act, 1973.

Analysis: The statutory scheme required deposit of the penalty amount before an appeal could be entertained, subject to dispensation in cases of undue hardship. The appellant had been granted conditional relief from full pre-deposit but did not comply with the direction even after sufficient time had elapsed. No appearance was made on behalf of the appellant, and the tribunal found no basis to extend further indulgence.

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

Final Conclusion: Failure to satisfy the mandatory deposit requirement, despite conditional dispensation and adequate opportunity, rendered the appeal untenable.

Ratio Decidendi: Where pre-deposit is a statutory condition precedent to an appeal and conditional dispensation is not complied with, the appeal is liable to be dismissed.

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