1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 53 OF 2009 IN FERA APPEAL (S) NO. 19748 OF 2009 Rajendra Durai Swamy Mudaliar .. Appellant V/s Union of India & Ors. .. Respondents Mr. J. Reis with Mr. Y.M. Chaudhari and Mr. Kunal Cheema for the appellant. Mr. M.I. Sethna, Senior Advocate for the respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 24TH SEPTEMBER 2009 P.C. : 1. Heard parties. 2. Considering the facts on record, the contention of the appellant all throughout is that he has received an advance of US$ 212,000 in respect of which the goods have been imported and that he had to bring in the sum of US$223,539. The sum of US$212,000 was adjusted against the said sum of US$223,539. We find that none of the authorities below have recorded any finding and had rejected the same on the ground that RBI permission was 2 required. The issue is on the quantum of penalty. 3. In these circumstances, we find that that it is a fit case for grant of interim relief in terms of prayer (a) on the petitioner furnishing a bank guarantee of a nationalised bank in the sum of Rs.10,00,000/- in favour of the respondent no.2 within 5 weeks from today and keep the said bank guarantee alive during the pendency of the appeal and for a period of 8 weeks thereafter. 4. Civil application is disposed of. (D.G. KARNIK, J.) (F.I. REBELLO, J.)