- (1.) SUPPLEMENTARY affidavit filed today to be kept on record. Heard learned counsel for the petitioners and Sri Vivek Shukla, learned Standing Counsel appearing for the opposite parties no. 1, 2 and 3, who prays for and is granted six weeks' time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. Issue notice to the opposite party no.4. Steps be taken within a week. List this case in the week commencing 13.07.2009. The instant writ petition has been filed by the petitioners against the order dated 23.10.2008 passed by the opposite party no.2 whereby the application filed by the petitioners' u/s 9(1)(a) of the Foreign Exchange Management Act, 1999 has been disposed of and the appellants have been directed to make pre deposit of 30% amount of penalty within thirty days of the order of the opposite party no.2. It has been submitted by the learned counsel for the petitioners that considering the fact that no offence against the petitioners is made out under the Foreign Exchange Management Act, 1999 petitioners will face undue hardship in case they are compelled to deposit the 30% amount of penalty as a pre condition for hearing of the appeal filed by them against the order passed by the opposite party no.3. Keeping in view the submission made by the learned counsel for the petitioner, it is provided as an interim measure that the petitioners' appeal shall be heard by the opposite party no.2 without insisting upon the petitioners depositing 30% of the penalty amount. However, it is provided that the petitioners shall furnish security for 30% penalty amount to the satisfaction of the opposite party no.3 within a period of one month from today.;