2015 (11) TMI 28

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....oner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 23.7.2015 (Annexure P-9) passed by the Appellate Tribunal for Foreign Exchange, New Delhi (in short "the Tribunal") in appeal No. 23 of 2014 directing the petitioner to deposit 15% of the penalty amount and to furnish a security for the balance amount of 85% within 30 days from the date of communication of the order as a pre-deposit. 3. The facts, in brief, necessary for adjudication of the present petition as narrated therein are that the officials of the Enforcement Directorate, Jalandhar searched the residential premises of various persons including the petitioner and recovered documents from the petitioner regarding distribution of compens....

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.... held that Ramesh Kumar and Som Nath Sikka have contravened Sections 9(1)(b) and 9(1)(d) of the FERA to the tune of Rs. 1,71,11,000/-, Raj Kumar has contravened FERA to the tune of Rs. 5,87,000/- and Tilak Raj-petitioner has contravened FERA amounting to Rs. 6,59,000/-. The adjudicating authority imposed the penalty of Rs. 1,30,000/- upon the petitioner and directed to deposit the said amount by way of demand draft drawn in favour of Assistant Director, Directorate of Enforcement, Jalandhar in the office of respondent. Feeling aggrieved, the petitioner filed an appeal along with an application (Annexure P-8) for staying the operation of the order dated 27.3.2014 (Annexure P-7) before the Tribunal. Another application for dispensing with pri....

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....e in mind in the light of the judgments of Monotosh Saha Vs. Special Director, ED 2008(12) SCC 359 and Banara Valves Ltd. Vs. Commissioner Central Excise and Another (2006) 13 SCC 347 , we are of the view that it will be just fair and appropriate that the appellants be directed to deposit 15% of the amount of penalty imposed against each of them and furnish reliable security for the balance amount of 85% within 30 days from the date of communication of this order." 6. In the present case, the petitioner(s) has been required to pre-deposit 15% of the penalty amount as a condition precedent for hearing of the appeal, which is reasonable and justified. In the judgment in A. Tajudeen's case (supra) relied upon by the learned counsel for ....