IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI BILAL NAZKI THE ACTING CHIEF JUSTICE and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No. 13717 of 2005 Between: Abdul Aziz, S/o. Late Mohammed Abdul Raheem R/o. H.No. 21-6-609, Ghansi Bazar, Hyderabad, Abdul Aziz. ..... PETITIONER AND 1.The Appellate Tribunal for Foreign Exchange, Janpath Bhawan, 4th Floor, B Wing, New Delhi. 2.The Adjudicating Officer, O/o the Addl. Commissioner of I.T. (Company Range), New Block No. 121, Nungambakkam High Road, Chennai. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ particularly in the nature of Certiorari, order or direction, to dispense with the petitioner from depositing the penalty amount by setting aside the order dt. 9-3-05 in Appeal No. 940 of 2004 on the file of the Respondent No.1 and all consequential reliefs thereof and pass such other order or orders in the facts and circumstances of the case. Counsel for the Petitioner: Mr. M.M.FIRDOS Counsel for the Respondents: Mr.A.Rajasekhar Reddy (Asst. Solicitor General) The Court made the following : ORAL ORDER: (per Honourable Sri Bilal Nazki, the Acting Chief Justice) The petitioner has filed an appeal before the Appellate Tribunal for Foreign Exchange in terms of Section 52 of the Foreign Exchange and Regulation Act, 1973 and he was supposed to deposit the penalty amount. Proviso, however, provides that the appellate authority may entertain an appeal and dispense with the deposit either conditionally or subject to conditions. The petitioner has represented before the appellate authority that he would not be able to pay the amount of penalty of Rs.5.00 lakhs and the Tribunal in its discretion has accepted the contentions of the petitioner and permitted him to make payment of only 10% of the amount of penalty. We do not find that the discretion has been exercised wrongly or illegally. The order does not require any interference. The Writ Petition is, therefore, dismissed. __________________ BILAL NAZKI, ACJ. 28.6.2005 __________________ G.CHANDRAIAH, J. VR To 1.The Appellate Tribunal for Foreign Exchange, Janpath Bhawan, 4th Floor, B Wing, New Delhi. 2.The Adjudicating Officer, O/o the Addl. Commissioner of I.T. (Company Range), New Block No. 121, Nungambakkam High Road, Chennai. 3. Two CD copies.