Appeal against the order of the National Company Law Tribunal allowing an application. The court considered the finality of a covered matter and the High Court decision allowing costs. It scheduled a decision on a stay application.
Decision on the application for stay reserved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
FPA-FE-119/MUM/2011
Sh. D.B. Deshpande
… Appellant
Versus
The Deputy Director Directorate of Enforcement, Mumbai
… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Mr. B. Seshagopalan, Advocate. For the respondent : Mr. Prashant Pandey, Legal Consultant Ms. Aagam Kaur, Legal Consultant CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 06.12.2017
FPA-FE-119/MUM/2011
The learned counsel for the appellant has relied upon the order dated 21st July, 2016 wherein the application filed by the appellant was allowed and the order dated 18th August, 2015 was re-called.
Consequent to the said order the application for Stay is to be decided. The learned counsel for the appellant has referred the decision given by the Hon’ble High Court in the case of Bhupinder V. Shah Vs. Union of India decided on 26th March, 2010 along with other petitions where the writ petitions were allowed cost of Rs. 10,000/- each. The learned counsel for the appellant submits that it is a covered matter and even the respondent had not filed the appeal in the Supreme Court. Since the order has attained finality the application for stay is liable to be allowed. The counsel for the respondent seeks some time to go through
FPA- FE-119/MUM/2011
Page 1 of 2
the judgment passed by Delhi High Court. The copy has already been
given to the counsel for the respondent.
Re-notify on 16th May, 2018.
(Justice Manmohan Singh) Chairman
(G.C Mishra)
Member
New Delhi,
6th December, 2017
‘K’
FPA- FE-119/MUM/2011
Page 2 of 2
Colour shows how this judgement treated each authority
Bhupinder V. Shah Vs. Union of IndiaReferred¶12
Bhupinder V. Shah Vs. Union of India
D.B. Deshpande
The Deputy Director Directorate of Enforcement, Mumbai
Manmohan Singh
G.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
