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november 2007

Supreme Court of India · 2007-11-12

Union Of India & Anr vs Adani Exports Ltd. & Anr

Court
Supreme Court of India
Petitioner
Union Of India & Anr
Respondent
Adani Exports Ltd. & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the Gujarat High Court erred in setting aside the Appellate Tribunal for Foreign Exchange's order regarding the pre-deposit of penalties under the Customs Act, 1962 and the Foreign Exchange Management Act, 1999. The Court emphasized that the High Court should not have addressed the merits of the adjudication while the appeals were pending before the Tribunal. The Supreme Court reinstated the Tribunal's order, affirming the necessity of pre-deposit as per Section 50 of the Regulation Act and Sections 49(3) and 49(4) of the Management Act.

Union Of India & Anr vs Adani Exports Ltd. & Anr · Niyam