REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3221 OF 2010

(Arising out of SLP (Civil) No.28877 of 2008)

Raj Kumar Shivhare

..Appellant(s)

Versus

Assistant Director, Directorate of

Enforcement & Another

..Respondent(s)

J U D G M E N T

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

1

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 app