Judgment :-

GANGULY, J.

1. Leave granted.

2. This appeal arises out of the Division Bench judgment of the High Court of Delhi in WP No.6527/2008 filed by the appellant-Rajkumar Shivhare.

3. A Writ Petition was filed challenging the order dated 17.7.2008 of the Appellate Tribunal for Foreign Exchange, Janpath, New Delhi, (hereinafter `the Tribunal'), on various grounds with which this Court is not concerned. By that order, the Tribunal refused to dispense with the pre-deposit of penalty by the appellant and the concluding portion of that order is:

"...Therefore, the application for dispensation of pre-deposit of penalty is dismissed and rejected but the appellant is permitted to deposit full amount of penalty within thirty days from the date of receipt of the order failing which the appeal will be dismissed on this ground alone. The appeal is fixed for hearing on 4th September, 2008".

4. The facts of the case in brief are as follows:

The appellant, along with another person, were issued a notice dated 12.1.2005 under Section 3(c) of the Foreign Exchange Management Act, 1999 (FEMA) for receiving unauthorized payments worth Rs.5 crores under instructions from persons living outside Ind