IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 34785 of 2009(P) -------------------------- PETITIONER: --------------- MS/ SOUTH INDIA PRODUCE CO. REPRESENTED BY ITS PARTNER, T. VIDHYA SAGAR, SUVIDHA IX/1058, MANTHARA ROAD, COCHIN -02. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, TO GOVT. OF INDIA, MINISTRY OF FINANCE, DEPT. OF REVENUE, NEW DELHI. 2. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, THIRUVANANTHAPURAM. 3. THE SPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, NEW DELHI. 4. THE APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, REPRESENTED BY THE REGISTRAR, APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, IVTH FLOOR, B-WING, JANAPATH BHAVAN, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, ALONG WITH WPC NO. 34820 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ============ W.P.(C). Nos.34785 & 34820 OF 2009 ======================== Dated this the 24th day of June, 2010 JUDGMENT Petitioners in this writ petitions are persons who have been proceeded against under the Foreign Exchange Management Act. Penalties have been imposed on them for violation of the provisions of the Act. They filed appeals before the appellate authority and moved a petition for dispensing with pre-deposit of penalty. The appellate authority, after considering the matter in detail, directed the petitioners to deposit 10% of the penalty and to furnish Bank Guarantee for 10%, dispensing with deposit of balance 80% in W.P.(C) No.34785 of 2009. In the other case, the petitioner was directed to make pre-deposit of 10% and to furnish unconditional bank guarantee for the remaining 90%. Those orders are under challenge in these writ petitions. 2. Heard counsel for the petitioner. W.P.(C). Nos.34785 & 34820 OF 2009 2 3. I am of opinion that the appellate authority has been very lenient towards the petitioners by directing deposit of only 10% of the penalty imposed on them, which cannot be said to be excessive by stretch of imagination. The statutory authority has exercised their discretion in the matter. I have no reason to hold that such exercise of discretion is in any way irregular or unsustainable. That being so, I do not find any merit in these writ petitions. Accordingly, these writ petitions are dismissed. S.SIRI JAGAN, JUDGE. pm