Telangana High Court
WP/25301/2007 of Khaja Qutubuddin Afzal Vs Deputy Director, on 27 December 2007
SRI JUSTICE P.S.NARAYANA WRIT PETITION No.25301 of 2007 Dated: 27.12.2007 Between: Khaja Qutubuddin Afzal. .. Petitioner. And Deputy Director, Enforcement Directorate Government of India and another. .. Respondents. THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.25301 of
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.25301 of 2007
Dated: 27.12.2007
Between:
Khaja Qutubuddin Afzal. .. Petitioner.
And
Deputy Director,Enforcement DirectorateGovernment of India and another. .. Respondents.
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.25301 of 2007
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ORDER:
Heard Sri M.A.Saleem, learned counsel representing the writpetitioner, and Sri Surya Karan Reddy, learned counsel representingthe respondents.
2. This Court ordered Notice Before Admission on 29.12.2007 andgranted interim stay for a period of four weeks.
3. The order dated 05.12.2007 made by the Appellate Tribunal forForeign Exchange, Janpath Bhavan, 4[th] floor, ‘B’ Wing, Janpath, NewDelhi had been placed before this Court and the same reads ashereunder:- “Appellant is neither present nor represented. However, Shri A.C.Singh, DLA appearing for the respondent seeks timeto confirm the position of the appeal filed by the appellant inthe Hon’ble High Court of Andhra Pradesh. Hearing of thismatter is adjourned till 14[th] February, 2008.”
4. The writ petition is filed for a Writ of Mandamus declaring theorder dated 03.09.2007 made in Appeal No.484 of 2001 on the file ofthe 2[nd] respondent in so far as directing the petitioner to deposit 60%of the penalty amount as a condition precedent for granting staypending Appeal No.484 of 2001 as being arbitrary and set aside the same in so far as directing the petitioner to deposit 60% of the penaltyamount as a condition precedent for granting stay pending AppealNo.484 of 2001 and consequently direct the 2[nd] respondent to stay allfurther proceedings pursuant to the order dated 03.09.2007 made inAppeal No.484 of 2001 on the file of the 2[nd] respondent includinghearing of the appeal No.484 of 2001 and pass such suitable orders.
5. It is stated that deposit of 60% of the penalty amount is made acondition precedent for granting stay pending Appeal No.484 of 2001.It is brought to the notice of the Court that in fact it is a conditionprecedent for entertaining the very appeal itself.
6. In view of the facts and circumstances, the direction to thepetitioner to deposit 60% of the penalty amount as a conditionprecedent is hereby modified to that of deposit of 40% of the penaltyamount as a condition precedent. It is stated that some amount hadalready been deposited and the same can be given due credit incomputing and calculating 40% of the amount, which is being directedto be paid by this Court. It is need less to say that on such deposit,being paid by the petitioner, let the appeal be disposed of inaccordance with law. Let the rest of the amount be paid on or before14.02.2008.
7. The writ petition is, accordingly, disposed of. No order as tocosts.
Dt.27.12.2007
_________________
(P.S.NARAYANA,J)
Note: Operative portion by wire at partys’ costs.
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