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2008 (9) TMI 852 - HC - FEMAStay/Dispensation of pre-deposit - Financial hardship - Clandestine banking activities - Held that:- the financial position of the petitioner should be such as can satisfy the tribunal that in case applicant is held liable, he will be in a position to deposit the amount immediately. So far as the contention of the petitioner that he was not served with the notice of personal hearing is concerned it being a question of fact will be considered by the tribunal at the final hearing of the appeal. So far as the contention of the petitioner that it is not established that at the relevant time Tiger Memon was not residing in India is concerned, goning through the record there is sufficient material on record to show that the petitioner was dealing in money with persons who were not residing in India. The record reveals that two brothers of Tiger Memon were living in Dubai and were collecting money there in foreign currency. It is also on record that in 1992 Tiger Memon also went to Dubai. Appeal dismissed. The litigant like petitioner cannot be helped in extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
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