TMI Blog2007 (3) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : M.M. Kumar, J.]. - The prayer made in this petition, filed under Article 226 of the Constitution of India, is for quashing of order dated 28-11-2006 (Annexure P.9) passed by the Additional Director General of Foreign Trade (Respondent No. 1) under proviso to Section 15 read with Section 13 of the Foreign Trade (Development and Regulation) Act, 1992. A further prayer has also bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly the appeal, which was filed on 11-10-2004, was apparently within the period of 45 days and, therefore, the impugned order is liable to be set aside. He has further submitted that the other basis for dismissing the appeal is that the petitioner had not disclosed before the Board for Industrial and Financial Reconstruction (for short, the BIFR ) about its liability towards the Director Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s could not successfully rebut the factual statements borne out from the record and the arguments raised by the counsel for the petitioner. 4. After hearing learned counsel, we find merit in the argument raised in support of the petition, the appeal is well within limitation as it was filed within 45 days. Moreover, it is a case where the waiver of pre-deposit should have been granted to the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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