2011 (8) TMI 876

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....r and Shri M.P. Singh, Advocates, for the Respondent. [Order]. -  The petition impugns the order dated 4th December, 2007 of the Additional Director General of Foreign Trade dismissing the appeal preferred by the petitioner. 2. This writ petition has been preferred after nearly four years of the order. The petitioner has in para 47 of the petition referred to the order dated 4th....

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.... remained quiet till 23rd March, 2011, when it appears that proceedings for recovery were initiated. Though it is claimed that the order dated 4th December, 2007 filed along with the writ petition was handed over thereafter to the petitioner but there is no proof of the same. Ordinarily, had the petitioner not received the order dated 4th December, 2007, a letter enquiring about the fate of the ap....

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...., 2005 for default in appearance of the petitioner and also for the reason of the petitioner having failed to make the pre-deposit. 5. Aggrieved therefrom, the petitioner preferred W.P.(C) No. 2413/2006 in this Court and which was disposed of vide order dated 21st February, 2006; even though this court found that the petitioner had received more than sufficient indulgence but in the intere....

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....ed in this petition. 7. The Appellate Authority has in the order dated 4th December, 2007 noted that the petitioner inspite of being required in law to make a pre-deposit had failed to make a pre-deposit and thus dismissed the appeal. It has further been held that the petitioner instead of regularizing the default had been buying time and had not been able to make out any case whatsoever. ....