AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1517 OF 2009 Ramesh Kumar Jain ..Petitioner. V/s. The Union of India & Another ..Respondents. Mr.L.S. Shetty for the petitioner. Mr.A.J. Rana for the respondents. CORAM : SMT.RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 18TH FEBRUARY, 2009. P.C. : 1. Rule. Rule is made returnable forthwith. By consent of both the parties, the writ petition is taken up for final hearing. 2. The petitioner is aggrieved by the order dated 18-10-2007 passed by the Appellate Tribunal for Foreign Exchange, whereby his application for dispensation of pre-deposit is rejected and he has been directed to deposit the penalty amount. 3. We have heard learned counsel for the petitioner. Our attention is drawn to the order- in-original where it is stated that there is nothing on record to indicate that the petitioner has retracted his statement at any time. This statement is factually incorrect inasmuch as the petitioner has retracted his statement on 13-9-1991 and on 22-11-1991. Therefore, the adjudicating authority appears to have proceeded on wrong assumption. There is also some dispute regarding service of show-cause notice. It is contended that the order-in-original is passed ex-parte. 4. In the circumstances, we are of the opinion that the deposit amount should be waived. Hence, the impugned order is set aside. The tribunal is directed to decide the matter on merits without insisting on pre-deposit. We make it clear that we have not expressed any opinion on the merits of the case. 5. The writ petition is disposed of in above terms. (Judge) (Judge)