bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.68 OF 2009 Sadaf Ali Chougle ..Appellant Vs. The Dy.Director & Anr. ..Respondents Mr.B.I.Dalvi for appellant Mr.Rui Rodrigues for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 19TH DECEMBER,2009 P.C. 1. Heard Counsel for the parties. 2. By the impugned order dated 13th April, 2009, the appeal filed by the appellant against the adjudication order was dismissed by the appellate Tribunal of Foreign Exchange only on the ground that the appellant has failed to deposit the amount directed to be deposited by an order dated 17th December, 2008. Admittedly, the appellant has not complied with the pre-deposit order. Counsel for the appellant relies upon the judgment of this Court in the case of M/s.B.D.Steel and Traders Vs. Union of India 1998 (3) All MR 52, wherein, while allowing the Writ Petition, this Court had set aside the order of the Tribunal on the ground that the impugned order was passed without hearing the petitioner. 3. In the present case, the pre-deposit order was passed on the basis of written submissions made by the Counsel for the petitioner. In the written submission, no personal hearing was sought for. Moreover, by letter dated 15th October, 2008, the appellant was given liberty to appear personally in the matter. In the result, the decision relied upon by the appellant is distinguishable. 4. We see no merit in the appeal. The appeal is, therefore, dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)