.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1398 OF 2007 M/s.Tara International. ..Petitioner. Versus Union of India and 2 Ors. ..Respondents. .. Mr.M.R.Baya, Adv. for the Petitioner. Mrs.S.V.Bharucha, Adv. with Mrs.H.P.Shah, Adv. with H.P.Chaturvedi, Adv. for the Respondents. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : JANUARY 29, 2008. DATED : JANUARY 29, 2008. DATED : JANUARY 29, 2008. P.C.:- P.C.:- P.C.:- 1. Heard both sides. 2. Rule. Rule is made returnable forthwith with the consent of the parties. 3. The petitioner has approached to this Court under Article 226 of the Constitution of India seeking an appropriate writ to cancel the order passed by the Additional Director General of Foreign Trade on 9.11.2006 in Appeal No.11/270/04-05/ECA-1/3312. The said appeal was .{2}. preferred by the petitioner challenging the order-in-Original No.03/02/002/00381/AM-05 dated 1.11.2004 passed by the Joint D.G.F.T. Mumbai in terms of which a fiscal penalty of Rs.1,76,40,000/- was imposed on the petitioner firm and its Directors for non-fulfilment of export obligation against Value Based Advance Licence No.1523916 dated 4.12.1992. The said appeal was preferred by the petitioner in view of the provisions of Section 15 of the Foreign Trade (Development and Regulation) Act, 1992. It appears that the order was dated 1.11.2004 however the appeal was preferred after the period provided under Section 15 of the said Act. The said provision also required that the amount of penalty shall be pre-deposit with the Appeal. Curiously enough, the appeal was preferred without filing a delay condonation application and without payment of penalty. However, it appears that the appellate authority thereafter have allowed the petitioner to file a delay condonation application and also granted period for deposit of the amount of penalty. Not only that but later on also reduced the amount of pre-deposit of penalty to Rs.1 lac taking into consideration the financial condition of the .{3}. petitioner. After having seen that the appeal has been admitted, the petitioner started to proceed with dilatory tactics and instead of getting the matter decided the Advocate appearing for the petitioner started to take one after another adjournments. Initially two-three adjournments were granted, but, when the authorities realised that the petitioner is not proceeding with the matter and is interested only to adjourn the matter on some or other pretext, the Authorities have proceeded with the disposal of the appeal and the appeal has been disposed of. But, we find that the case does not appear to have been considered on merits. Infact when the appeal was pending the petitioner should have been put to some costs and stern understanding should have been given to proceed with the matter. Instead, the appeal of the petitioner was dismissed straightway by the Authorities. Though the Authority is justified in doing so, we find that interest of justice would have been better served had the petitioner been given an opportunity and the matter decided on merits. Therefore, though we find that the Authority is well within its jurisdiction in dismissal of appeal, we find that in the interest of natural justice, one .{4}. opportunity should be given to the petitioner of hearing and thereafter matter should be disposed of on merits. Therefore we exercise our extraordinary jurisdiction and set aside the order dated 9.11.2006 passed in Appeal No.11/370/2004-05/ECA.1. We direct the petitioner to remain present before respondent No.2-the Appellate Authority on 15th February, 2008 and argue the matter on merits and the appellate authority shall dispose of the matter within a period of one week thereafter on merits. In the facts and circumstances, no order as to costs. Petition is disposed of accordingly. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]