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2016 (4) TMI 759 - BOMBAY HIGH COURT

2016 (4) TMI 759 - BOMBAY HIGH COURT - 2016 (331) E.L.T. 438 (Bom.) - Default to file a private paper book - Held that:- The delay has been continuing over last eight years. Even after this Court had permitted the applicant/appellant to file a private paper book, still the default has continued. It is not known why the applicant/appellant has not been able to trace the record. The explanation therefore, does not inspire much confidence.

The Director of Enforcement cannot go on giving .....

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ts quantified at ₹ 10,000/- in each of these appeals and which should be paid within two weeks from today, we grant them time till 17th December, 2015 to file complete paper books in all appeals.

(b)If such compliance is made and receipt of payment of costs is shown, the Registry to allow the appellant/applicant to prosecute each of these appeals on merits and in accordance with law.

(c)No extension of time will be granted for payment of costs or complying with the or .....

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l Applications by the applicant - Union of India through the Director of Enforcement, Mumbai seek to challenge a conditional order of the Registrar (Judicial) of this Court dated 10th March, 2015 dismissing FERA Appeal No. 46 of 2006 and other appeals. 2. It is common ground that these appeals have been filed under Section 52 of the then Foreign Exchange Regulation Act, 1973 challenging the order dated 30th May, 2003 of the Appellate Tribunal. 3. These appeals were admitted and are pen .....

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n emphasizing that though the appeals had been admitted way back on 31st August, 2007 and a facility was given to the applicant/appellant to supply a private paper book, still the defaults continue and therefore, the Registry was left with no choice but to dismiss the appeals without adjudication on merit. Now the question arises whether the same opportunity should be given again. 4. Mrs. Bharucha, learned counsel appearing for the applicant has no answer to this query save and except to sa .....

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has been given and shown to the applicant. Merely because it is Government, it does not mean that they have vested right to delay the proceedings or to commit default in complying with the procedural rules. They cannot, after such enormous delay and deliberate and wilful default seek restoration of the appeals. They have been rightly dismissed by the Registrar (Judicial) of this Court. If the appeals are dismissed without adjudication on merits, then it is solely because of applicants and not fo .....

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