IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 4763 of 2005(P) ------------------------- PETITIONER: ------------ V.PATHUMMU, W/O. LATE MUHAMMED @ KUNCHUTTY MASTER, KUZHIPALLY HOUSE, POST VATTALOOR, VIA MAKKARAPARAMBA, MALAPPURAM BY ADV. SRI.R.RAJESH KORMATH SMT.PREETHY KARUNAKARAN SMT.MEENA.A. SMT.M.R.MINI SMT.SANJANA R.NAIR SRI.JAYKAR.K.S. SRI.RAHUL VARMA SRI.V.S.ROBIN RESPONDENTS: ------------- 1. THE DEPUTY DIRECTOR OF ENFORCEMENT SOUTHERN ZONE, SHASTHRI BHAVAN, III FLOOR, III BLOCK, NO.26 HADDOWS ROAD, 3RD FLOOR SHASTRI BHAVAN, CHENNAI 600 006. 2. THE FOREIGN EXCHANGE REGULATION APPELLATE BOARD, MINISTRY OF LAW JUSTICE AND COMPANY AFFAIRS GOVERNMENT OF INDIA, 4TH FLOOR, B WING, JANPATH BHAVAN, NED DELHI 110 011. 3. THAHASILDAR, PERINTHALMANNA, MALAPPURAM DISTRICT. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1,2 G.P. SMT.SMITHA SUKUMARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.19.2.92 PASSED BY R1. P2: TRUE COPY OF MEMORANDUM OF APPEAL DT.17.3.92 FILED BY PETITIONER BEFORE R2 (THEN FOREIGN EXCHANGE REGULATION APPELLATE TRIBUNAL). P3: TRUE COPY OF PETITION DT.17.3.92 FILED BY PETITIONER BEFORE R2 FOR WAIVER OF DEPOSIT OF PENALTY. P4: TRUE COPY OF NOTICE DT.25.6.93 ISSUED BY THE ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE, MADRAS, TO THE PETITIONER. P5: TRUE COPY OF REPLY DT.287.93 SUBMITTED BY PETITIONER IN REPLY TO EXT.P4 NOTICE. P6: TRUE COPY OF JUDGMENT DT.4.7.2002 IN O.P. NO.18273/2002, HIGH COURT OF KERALA. P7: TRUE COPY OF PETITIN DT.23.7.2002 SENT BY PETITIONER TO R1 IN COMPLIANCE OF EXT.P6 JUDGMENT. P8: TRUE OCPY OF NOTICE DT.29.1.2005 ISSUED BY TAHSILDAR, PERINTHALMANNA. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.4763 of 2005 .................................................................... Dated this the 6th day of June, 2008. JUDGMENT Petitioner's case is that recovery was initiated during pendency of the appeal filed against penalty order before the FERA Appellate Tribunal. It is seen that appeal is of the year 1992 and the appeal would have been already disposed of. In any case if appeal is not disposed of, there will be direction to the Tribunal to dispose of the appeal within four months from now. The petitioner will produce copy of this judgment before the Tribunal, take notice and appear for hearing for the Tribunal to dispose of the appeal within the timeframe stated above. If petitioner has deposited Rs.20,000/- in terms of the interim order dated 10.2.2005 and if appeal is pending, then recovery of the balance amount will remain stayed for another four months from today. Recovery thereafter will be based on orders of the Tribunal to be produced by the petitioner and if no orders are produced, balance amount with interest will be recovered after four months. If petitioner does not produce proof of pendency of appeal within two months, recovery can be continued. C.N.RAMACHANDRAN NAIR Judge pms