jpc IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORIGINARY ORIGINAL CIVIL JURISDICTION FEMA APPEAL NO. 3 OF 2010 Ashok Jogani .. Appellant Versus The Office of the Special Director of Enforcement and others .. Respondents Mr. Kedar Dighe for the Appellant Mr. A. J. Rana, Senior Counsel a/w Ms. Bhardwaj for the Respondents. CORAM: V. C. DAGA, & S. J. KATHAWALLA, JJ. DATED: 16 th June, 2010 P. C.: Perused Appeal. 1. We have heard the learned counsel for the appellant and learned senior counsel for the respondents. 2. By an order dated 25.4.2008 the appellant was directed to deposit 50% of the quantum of the penalty as pre deposit by the Appellate Tribunal for Foreign Exchange, New Delhi. The appellant challenged the said order in Writ Petition No. 915 of 2009 before this Court. During the pendency of the said Writ petition, the impugned order dated 16.4.2009 dismissing his appeal for non- compliance of the order of pre-deposit of 25.4.2008 was passed by the Appellate Tribunal. The appellant subsequently carried out the amendment in the said writ petition. However, the appellant states that this Court, by its order dated 17.12.2009, directed the appellant to file Appeal. Accordingly the present appeal has been filed by the appellant. 3. In the present appeal, the appellant has challenged the order dated 16.4.2009, which was passed as consequence of the non-compliance of the order of pre-deposit dated 25.4.2008. It appears from the record that adjournments were sought by the appellant before the Appellate Tribunal to comply with the order dated 25.4.2008. Those adjournments were granted on 16.7.2008, 2.9.2008, 7.10.2008, 16.12.2008 and 11.3.2009. In spite of grant of sufficient time, the appellant did not comply with the order of pre- deposit dated 25.4.2008. 4. In the above view of the matter, the learned Appellate Tribunal had no option but to dismiss the appeal for noncompliance of the order. 5. During the course of hearing, the appellant expressed his inability to comply with the order dated 25.4.2009. In this view of the matter , we have no option but to dismiss the present appeal for want of substantial question of law. Appeal is, thus, dismissed in limine with no order as to costs.. ( S. J. KATHAWALLA, J.) (V. C. DAGA, J.)