J.P. DEVEDHAR, J.

1) This Civil Application is filed by the applicant Assistant Director, Enforcement Directorate, Mumbai seeking condonation of 291 days delay in filing the appeal against the order dated 18/8/2009 passed by the Appellate Tribunal for Foreign Exchange in Appeal No.110/08. The Appellate Tribunal by its order dated 18/8/2009 has set aside the penalty of Rs.7 crores imposed by the Special Director, vide order in original dated 28/3/2008, passed under Section 50 of the Foreign Exchange Regulation Act, 1973 (‘FERA’ for short) read with Section 13(1) of the Foreign Exchange Management Act, 1999 (‘FEMA’ for short).

2) The condonation of delay is sought on the ground that there was sufficient cause for not filing the appeal in time and since the appeal is filed under Section 54 of the FERA read with Section 49(5)(c) of FEMA, the High Court is empowered to condone the delay for any period of time subject to showing sufficient cause.

3) In the present case, for the offence allegedly committed under FERA, proceedings were initiated against the respondent after the commencement of FEMA as per Section 49 of FEMA and penalty was imposed under Section 50 of FERA read