IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8988 of 2002 Between: Omnitrode Aditya Electrodes (P) Ltd. Bollaram ..... PETITIONER AND The Union of India and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8988 of 2002 O R D E R: The petitioners question the order of the 1st respondent-Union of India, dated 28.08.2001 and the consequential “opportunity notice” of the 2nd respondent-the Chief Enforcement Officer, dated 03.04.2002. Admittedly, as against the order of the 1st respondent passed under the provisions of the Foreign Exchange Regulation Act, 1973, an appeal lies to the Appellate Tribunal for Foreign Exchange, Ministry of Law, Justice & Company Affairs, Government of India, Janpath, New Delhi under Sec.52 of the said Act. Under Sec.52(2) of the Act an appeal shall be filed within 45 days from the date of service of the said order after depositing the penalty amount. By the impugned order, a sum of Rs.5 lakhs penalty was imposed on the petitioners for violation of the provisions and the Rules made under the Act. Even the impugned order itself indicates that appeal lies to the Appellate Authority within 45 days after depositing the penalty amount imposed. The learned counsel for the petitioners submits that condition of depositing the whole penalty amount as prescribed by the statute is onerous. I am unable to accept the said contention. Under Sec.52(2) second proviso where the appellate authority is of the opinion that the deposit to be made will cause undue hardship to the appellant, it may, in its own discretion, dispense with such a deposit either unconditional or subject to such conditions, as it may deem fit. Therefore, I am of the opinion that the petitioner has got an effective alternative remedy of appeal to the appellate authority. Accordingly, the Writ Petition is dismissed only on the ground that the petitioner has got an effective alternative remedy of appeal to the Appellate Tribunal for Foreign Exchange. At the request of the learned counsel for the petitioner, the petitioner is permitted to avail the remedy of appeal against the impugned order within a period of four weeks from today. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 12.08.2010 Dsr