2001 (8) TMI 1454

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.... is against the order No. Adj/186/AD/AKL/B/2001 imposing a penalty of Rs. 1.0 lakh on the appellant for contravening the provisions of section 9(1)(d) of the Foreign Exchange Regulation Act, 1973. 2. Shri Rajan Malkani assailed the impugned order on the ground of its being passed ex parte which is, ex facie, illegal for the reason that he along with the appellant did appear on 15-5-2001 and waite....

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....herein. I fail to understand as to how the adjudicating authority could give consideration to the reply filed by the appellant on 15-5-2001 and yet issue a show-cause notice dated 24-4-2001 based on such consideration of the appellant's reply. Furthermore, if the reply is filed in person on 15-5-2001, there was no justification for the adjudicating authority to proceed ex parte in the matter. The ....