Shri Ramesh Bhatija vs Union Of India & Ors
2009 Latest Caselaw 3496 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+                           W.P.(C.) No.6312/2008

%                       Date of Decision: 01.09.2009

Shri Ramesh Bhatija                                         .... Petitioner
                        Through Mr.Ajay Majitha, Advocate

                                 Versus

Union of India & Ors                                  .... Respondents
                        Through Ms.Rajdipa Behura, Advocate

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.    Whether reporters of Local papers may be               YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                  NO
3.    Whether the judgment should be reported in              NO
      the Digest?


ANIL KUMAR, J. (ORAL)

*

The petitioner had filed the present petition against the order

dated 3rd July, 2008 deciding the application of the petitioner seeking

dispensation of the pre deposit, whereby dispensing of the pre deposit of

penalty of 70% of the penalty amount was allowed and the petitioner

was directed to deposit 30% of the penalty amount within 30 days of

the receipt of the order.

In the writ petition by order dated 2nd September, 2008 the

operation of the order dated 3rd July,2008 was stayed on petitioner

depositing 5% of the penalty amount within six weeks from the said

date. The time to deposit 5% of penalty amount was further extended

by order dated 5th December, 2005.

Despite the order dated 2nd September, 2008 to deposit 5% of the

penalty amount, the amount has not been deposited. By order dated

15th May, 2009 it was clarified that the interim order was conditional,

subject to deposit of 5% of the penalty amount within six weeks which

was further extended for six weeks by order dated 5th December, 2008

and in case the order has not been compiled with, the Appellate

Tribunal shall be at liberty to dispose of the appeal in accordance with

law.

The conditional order dated 2nd September, 2008 and 5th

December, 2008 was not complied with and consequently, the Appellate

Tribunal for Foreign Exchange has disposed of the appeal by order

dated 14th July, 2009. Since the appeal has already been disposed of by

order dated 14th July, 2009 nothing survives in the present writ

petition. The writ petition is, therefore, disposed of. All the pending

applications are also disposed of. The petitioner shall, however, be at

liberty to challenge the order dated 14th July, 2009 dismissing the

appeal of the petitioner in accordance with law.

September 01, 2009                                        ANIL KUMAR, J.
'k'