1998 (3) TMI 721

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....ORDER Sarvesh Chandra, Chairman These appeals together with dispensation applications have been filed against Adjudication Order No. ADJ/40-B/ SDE/PKA/97, dated 26-3-1997 under which a penalty of Rs. 3 crores has been imposed on the first appellant for contravention of section 18(2) and (3) of the Foreign Exchange Regulation Act, 1973 for non-realisation of the proceeds of exports. A further....

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..... He submitted that the appellants informed their advocate over the phone to seek adjournment and the appellants' advocate sent his junior Shri Deepak Churi on 6-3-1997 to personally mention about the death to the learned Adjudicating Officer and seek a short adjournment. It transpired that Deepak Churi met someone in the office of the learned Adjudicating Officer who gave his name as Kazi and who....

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....o show upto-date position of the realisation in respect of those GRIs and efforts made by them to secure the outstanding payments. He submitted that it is judicially settled that once a party appoints an advocate to appear on his behalf, the party should not be punished for any default of the advocate to appear on the date of hearing. He further submitted that an amount of about Rs. 55 lakhs alone....

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....e of the opinion that it would only be just and fair that the appellants have an opportunity to present their defence, if any, against the charges framed against them. Since Shri Arora desires to file documentary evidence and since the impugned transactions involve 40 GRIs and the position of each GRI will have to be separately examined, we are not inclined to undertake this exercise in the appell....