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2011 (2) TMI 127 - SC - FEMAWaiver of pre-deposit - quantum of pre-deposit - The appellant failed to discharge its export obligation under the licences - The Adjudicating Authority imposing a penalty - The appellant failed to make the pre-deposit of Rs. 5,00,000/- and consequently the appeals were dismissed - The Division Bench of the High Court passed the impugned order allowing the appellant to deposit a sum of Rs. 20,00,000/for each of the appeals - The Division Bench of the High Court should not have passed the impugned order for deposit of Rs. 20,00,000/- for each of the appeals when the Appellate Authority had directed the appellant to make pre-deposit for Rs. 5,00,000/- for both the appeals - Discretion is vested in the Appellate Authority to dispense with a pre-deposit of penalty either unconditionally or subject to such condition as the Appellate Authority may impose - If in exercise of such discretion, the Appellate Authority in the present case dispensed with the pre-deposit penalty of Rs. 1,30,00,000/- in each of the two appeals subject to the appellant depositing a sum of Rs. 5,00,000/- the Division Bench of the Delhi High Court ought not to have enhanced the amount of pre-deposit to Rs. 20,00,000/- for each of the two appeals - Set aside the impugned order of the Division Bench of the High Court of Delhi - Direct that in case the appellant deposits the sum of Rs. 5,00,000/- and the appeal will be heard on merits afresh by the Appellate Authority.
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