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2009 (8) TMI 206 - HC - CustomsStay of pre-deposit - Tribunal passed an order to make pre-deposit of 30% of the amount of penalty under Foreign Exchange Management Act, 1999 – Dismissed appeal on non-deposit thereof – appellant in application for review or recall of order contending that, the appellant company is neither capable nor intends to abide by the aforesaid pre-deposit order. - The petitioner before us contends that the appeal could not have been dismissed. In our opinion this is totally misuse by the petitioner herein of the extra ordinary jurisdiction of this Court. After making a statement before the Tribunal that they will not abide by the order of pre-deposit such a petitioner cannot move this Court and seek its extra ordinary jurisdiction. In the light of the above, we dismiss this petition.
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