Asok Kumar Ganguly, J. - (1.) This appeal under Section 54 of Foreign Exchange Regulation Act, 1973 has been filed by M/s. Shaw Wallace & Company Limited (hereinafter called the appellant) against the order dated 5.2,1992 of the Foreign Exchange Appellate Board (henceforth, the Board). Prior to the issuance of the order by the Board, an adjudication took place; against the appellant under Foreign Exchange Regulation Act, 1973 (hereinafter called FERA'73). In the adjudication,-the main charge against the appellant was as follows:- "Shaw Wallace & Co. Ltd., Calcutta were issued with a Memorandum bearing No. T-4/1/SU/35/SON dated 12.3.85 asking them to show cause why adjudication proceedings should not be held against them for contravention of Section 27(6) of Foreign Exchange Regulation Act, 1973 in respect of breach of the Condition (c) to the permit of the Central Government dated 4. 4. 77 and contravention of Section 26(2) of the said Act by non-compliance with the directions' issued by the Reserve Bank of India by their letter dated 10.11.78, ' both read with Section 49 of the said Act."
(2.) In answering with the said charge, the appellant issued a reply and the adjudicating authority, after considering the reply and hearing the appellant, decided to impose a penalty of Rs. 1,00,000/- and another amount of Rs. 10,000/- by the appellant in view of two Counts of charges as mentioned above. Apart from the aforesaid amount of penalty certain directions were also issued on the appellant. On appeal, the Board affirmed the order of adjudication by its order dated 5.2.1992 as mentioned above.
(3.) Nobody appeared for the respondent authorities at the time of hearing of the appeal before this Court.;