In the High Court for the States of Punjab and Haryana at Chandigarh. FAO No. 3222 of 2008 Decided on 02.3.2010. Ashok Kumar @ Shoki --Appellant vs. Appellate Tribunal for Foreign Exchange and another -- Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.G.S.Jagpal,Advocate,for the appellant. Mr.D.D.Sharma,Advocate,for the respondents. Rakesh Kumar Jain, J, This appeal is directed against order of Appellate Tribunal for Foreign Exchange, Delhi, dated 17.3.2008, whereby an appeal filed by the appellant has been dismissed on the ground that not only the appellant has not deposited amount of penalty as envisaged in proviso to Section 52 of Foreign Exchange Regulation Act, 1973, (for short,'the Act') but has also failed to deposit an amount of Rs.10,000/- towards Court fee. Learned counsel for the appellant could not satisfy this Court as to why the appellant could not deposit the required fee of Rs.10,000/-, specially when penalty has been imposed upon him to the extent of Rs.3,20,000/-. Learned counsel for the respondents has also referred to a decision of this Court in C.W.P. No. 13452 of 2009 titled as FAO No.3222 of 2008 -2- Ashok Kumar alias Shoki Vs. The Appellate Tribunal for Foreign Exchange and another in which order passed by the Tribunal under the Act, has been challenged on the ground that he has been asked to pre deposit amount of penalty for the purpose of hearing his appeal in that case. According to the learned counsel for the respondents, penalty of a sum of Rs. One Crore has been imposed upon the appellant in which this Court had ordered the payment of 10% of the amount within six weeks from the date of order. In this manner, I am of the view that the appellant is trying to project himself to be a poor person which he is not and is trying to misuse the concession of law by filing the appeal without paying the Court fee which is required under the law. In view of the above, I do not find any error in the impugned order and this the appeal is hereby dismissed. 02.3.2010 (Rakesh Kumar Jain) RR Judge