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2010 (11) TMI 737 - HC - FEMAWrit petition - Search and seizure - petitioner did not deposit a sum of Rs. 10,00,000/- imposed against him as penalty. Along with the appeal, he filed an application under Section 52(2) of the Act seeking to dispense with such deposit on the ground that he does not have wherewithal to deposit the same and insisting for such deposit would cause undue hardship to him - amount seized by the department from the petitioner has been subjected to confiscation, no materials available on record to disbelieve the statement of the petitioner that he does not have wherewithal and there appears to be some truth in the claim of the petitioner and finally having regard to the fact that the petitioner is a chartered accountant by profession, and so, he must have some reasonable income, conditional order in favour of the petitioner to direct him to deposit a sum of Rs. 2,00,000/- (Rupees two lakhs only) within a period of 45 days from the date of receipt of a copy of this order for entertaining the appeal as provided in Section 52(2) of the Act. To that extent the impugned order needs interference.
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