2006 (10) TMI 44

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....o. 2 for non compliance of condition of dispensation of pre-deposit of penalty amount. 2.The petitioner is stated to be a partnership firm engaged in the business of offset printing of books and other study material. During the period from 28-10-1992 to 16-11-1992 petitioner received some orders from UNICEF and on the basis of that the petitioner got advance license bearing No. P/L 2049359 date....

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....ration. After hearing the petitioner, a penalty of Rs. 15 lakhs has been imposed under Section 11(2) of Foreign Trade Development and Regulation Act, 1992 by order dated 30-12-1996 by Joint Director General of Foreign Trade. 5.Aggrieved by the order of the Joint Director General of Foreign Trade dated 30-12-1996 an appeal was filed before Director General of Foreign Trade and by letter dated 12....

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....xpired and the other partner of the petitioner firm was also suffering from cancer and was bed ridden for last many years. On account of demise of the managing partner and the extreme illness on account of another partner suffering from cancer the order directing the petitioner to furnish a bank guarantee for a sum of Rs. 1 lakh as a condition for dispensation pre-deposit of penalty amount could n....

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....y and there is sufficient reason for not submitting the bank guarantee earlier, the writ petition is allowed and the appeal filed by the petitioner vide letter dated 28-2-1997 against the adjudication order No. 3/102/AM96/ECA/CLA/2596 is revived and restored which was dismissed on account of non compliance of condition of dispensation of pre-deposit of penalty amount and the respondents are direct....