OF 2011 IN FERA APPEAL (ST.) NO.23757 OF 2011 Dr. Sohanlal Gupta v. The Joint Secretary & Ors.
Case at a glance
- Decided
- 29 Feb 2012
- Bench
- D Y CHANDRACHUD, M S SANKLECHA
Outcome
Allowed
Accordingly, both the appeals are allowed to
Provisions considered
Key paragraphs
- Para 22. In pursuance of a notice to show cause dated 26 March 1997, alleging violation of the provisions of the erstwhile Foreign Exchange Regulation Act 1973, the Special Director in the Enforcement Directorate passed an order of adjudication on 28 April 2000. Since after the…
- Para 44. In view of the judgment of the Supreme Court in Thirumalai Chemicals Limited v. Union of India1 against an order of adjudication passed by the Special Director, an appeal had to be filed before the Appellate Tribunal under the FEMA 1999 and would be…
Judgment
Mr. Madhu M. Patel for the Applicant/ Appellant. Mr. Vijay Kantharia with Mr. Shrikrishna R. Ganbavale for the Respondents. ..... ..... CORAM : DR.D.Y.CHANDRACHUD & M.S. SANKLECHA, JJ. 29 February 2012. P.C. :
There is a delay of 161 days in filing the appeal in respect of which the Civil Application has been filed for condonation.
Operative part
In pursuance of a notice to show cause dated 26 March 1997, alleging violation of the provisions of the erstwhile Foreign Exchange Regulation Act 1973, the Special Director in the Enforcement Directorate passed an order of adjudication on 28 April 2000. Since after the enforcement of the Foreign Exchange Management Act, 1999, the erstwhile Appellate Board was dissolved, the appeal was filed before the Appellate Tribunal constituted under the new Act of 1999. The Tribunal disposed of the appeal on 27 July 2006. Against the PNP 2 CAY26-29.2.sxw decision of the Tribunal an appeal was filed before this Court. The appeal was allowed to be withdrawn by the Division Bench on 21 January 2011 in terms of the following order : Counsel for the appellants seeks leave to withdraw the appeals
with liberty to file fresh appeals incorporating all substantial question of law arising out of the orders passed by the Appellate Tribunal. Accordingly, both the appeals are allowed to be withdrawn with liberty as prayed. No order as to costs.
A fresh appeal has been filed before this Court on 5 September
In view of the judgment of the Supreme Court in Thirumalai Chemicals Limited v. Union of India1 against an order of adjudication passed by the Special Director, an appeal had to be filed before the Appellate Tribunal under the FEMA 1999 and would be governed by the provisions of the new Act. An appeal thereafter would lie before this Court under Section 35 of the FEMA 1999. The appeal has to be filed within a period of sixty days. The delay upto a further period of sixty days can be condoned by the High Court for sufficient cause. Even if the date of commencement of limitation is taken on 21 January 2011 and the period taken by the Petitioner in pursuing the earlier proceedings is excluded, it is evident that the present appeal has been filed much beyond the outer limit of 120 days. The delay consequently cannot be condoned. The Civil Application is accordingly dismissed. (Dr. D.Y. Chandrachud, J.) (M.S. Sanklecha, J.) 1 (2011) 6 SCC 739.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, both the appeals are allowed to
Which statutory provisions did this judgment involve?
Foreign Exchange Management Act, 1999.
Which court decided this case, and when?
Bombay High Court, on 29 Feb 2012. The bench was D Y CHANDRACHUD, M S SANKLECHA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.