Law:

Section:

Foreign Exchange Regulation Act (VII of 1947)---S. 23-C--- Constitution of Pakistan, Art. 199---Constitutional petition--- Maintainability--- Appeal to Appellate Tribunal---Scope---Petitioner assailed orders passed by Joint Director of Adjudication, Foreign Exchange Adjudication Court, State Bank of Pakistan---Maintainability---Remedy of appeal was provided under S.23-C of the Foreign Exchange Regulation Act, 1947 and the constitutional jurisdiction of High Court could not be used as substitute for the appeal or to circumvent limitation prescribed for an appeal---Where a Tribunal existed and was functional, though the Member was not nominated, the proper course was to file appeal before the forum so provided under the law, and in case it was non-functional on account of non-availability of the Member, then such party may approach and invoke the constitutional jurisdiction of the High Court to seek interlocutory relief---Order accordingly. ORDER The petitioner has impugned the order dated 22-6-2010 passed by the Joint Director of Adjudication Foreign Exchange Adjudication Court, State Bank of Pakistan. Notices were issued and objections were raised as to the maintainability of this petition before this Court. Essentially the contention of learned counsel for the respondent are that Appeal against the order of the adjudicating authority is provided under section 23C of the Foreign Exchange Regulation Act 1947, which provides inter alia any person aggrieved by any order of the Adjudicating Officer made under subsection (4) or subsection (5) or subsection (6) of section 23B may, within thirty days of such order, prefer an appeal to the Appellate Board within whose jurisdiction the order is passed; provided that no appeal shall lie from an interlocutory order which does not dispose of the entire case before the Adjudicating Officer; Provided further that the Appellate Board may entertain an appeal after the expiry of the said period of thirty days but not later than sixty days from the date of the aforesaid order if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. When learned Counsel for the petitioner confronted,…

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