:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.601 OF 2008 PETITION NO.601 OF 2008 PETITION NO.601 OF 2008 Nicholas Silvester Jesudas ..Petitioner Vs. Union of India & Ors. ..Respondents Mr.V.S.Nankani with Mr.H.S.Khokawala for the Petitioner. Mr.A.S.Rao with Mr.H.V.Mehta for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 4TH APRIL, 2008 : 4TH APRIL, 2008 : 4TH APRIL, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. Rule. Rule is made returnable forthwith. The learned Counsel for the Respondents waives service. Leave to amend. By consent, taken up for hearing. 2. By this Petition, the Petitioner is challenging four orders dated 20th December, 2007 passed by the Appellate Tribunal for Foreign Exchange, New Delhi in four Appeals filed by the Petitioner, wherein, the Appellate Tribunal for Foreign Exchange had dismissed all the four Appeals by four separate orders on the ground that the Petitioner had not deposited 50% of the penalty amount, as per order dated 6th December,2005, which was a pre-deposit amount for entertaining the Appeal. However, it should be noted here that all the four orders passed :2: by the Appellate Tribunal for Foreign Exchange are exparte in nature in the sense, none had appeared on behalf of the Petitioner at that time. However, the Respondent Director was represented by Mr.S.C.Singh. 3. Prior to dismissal of the Appeal, the Petitioner had filed a Writ Petition No.403 of 2008 in this Court and this Court had finally disposed of the said Petition on 22nd February,2008, whereby the pre-deposit order was set aside and the matters to be proceeded without pre-deposit. Under the aforesaid facts and circumstances of the case all the four orders dated 20th December,2007 whereby the aforesaid four Appeals were dismissed by the Appellate Tribunal for Foreign Exchange stand set aside and the Tribunal is directed to hear all the four Appeals on its own merits, without any pre-deposit. 4. Rule is made absolute accordingly. (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)