Dismissed

FPA-FE-142/DLI/1997 of Seema Sharma v/s The Joint Director Directorate of Enforcement, Delhi

ATFP17 Jul 2017FPA-FE-142/DLI/1997

Case brief

AI extract

What is this about?

The FEMA appellate tribunal dismissed the appellant's appeal for default. The tribunal held that the appellant failed to deposit the required pre-amount of Rs. 4 lakhs by the specified deadline, despite previous directions.

What did the court decide?

Nature of apecious appeal dismissed for non-compliance with pre-deposit obligation.

FPA-FE-142/DLI/1997 of Seema Sharma v/s The… — Constitutional and Fundamental Rights | ATFP (2017)

¶1

APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI

¶2

FPA-FE-142/DLI/1997

Seema Sharma

… Appellant

Versus

The Joint Director

Directorate of Enforcement, Delhi … Respondent

¶8

Advocates/Authorized Representatives who appeared

¶9

For the appellant : None For the respondent : Sh. Pankaj Yadav, Advocate

¶10

CORAM

¶11

JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER

¶12

ORDER

¶13

17.07.2017

¶14

FPA-FE-142/DLI/1997

¶15

As per the provisions of Part XIV of Chapter VI of the Finance Act 2017, the Appellate Tribunal for Foreign Exchange (ATFE) has been merged with the Appellate Tribunal under the Smugglers & Foreign Exchange Manipulators (Forfeiture of Properties) Act 1976, w.e.f. 26.05.2017.

¶16

On 16^th October, 2012, the following order was passed:-

¶17

“ Learned counsel for the respondent admits that amount in respect of one GR has been released. Learned counsel for the appellant submits that the said GR was equivalent to half of the penalty amount.

¶18

In view of the above submissions, without going into the merits and demerits of the case, order of Appellate Tribunal, which is impugned in this petition, regarding pre-deposit is modified to the extent that the appellant shall deposit Rs. 7 lacs as pre-deposit in the office of Dy. Director, Enforcement Directorate, 6^th floor, Lok Nayak Bhawan, Khan Market, New Delhi by means of demand draft within four weeks. On such deposit being made, appeal shall be heard by the Tribunal on merits.

¶19

Appeal is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.”

¶20

FPA-FE-142/DLI/1997

¶21

Page 1 of 2

¶22

Thereafter the matter came up before the FEMA Tribuanl on 17^th November, 2016 when the Hon’ble Member has passed the following order:-

¶23

“ Ms. Priyanka Batta, CA appeared for the appellant while Sh. Pankaj Yadav, Legal Consultant is present on behalf of the respondent, Enforcement Directorate. The Ld. CA has been appointed recently in this matter and filed the Power of Attorney. On previous date of hearing, the appellant was directed to deposit the remaining amount of Rs. 4,00,000/- as per direction of the Hon’ble Delhi High Court. Last opportunity is being given to the appellant to comply with the said order on or before the next date of hearing otherwise the appeal be dismissed on this ground only. In the interest of justice, list the matter on 11/01/2017.”

¶24

The Learned Counsel for the respondent submits that despite granted opportunities, the last opportunity in the order as mentioned vide order dated 11^th January, 2017, the remaining amount of Rs. 4,00,000/- has not been deposited on behalf of the appellant.

¶25

Since the compliance of Hon’ble High Court has not been made, the

¶26

appeal is dismissed.

¶27

(Justice Manmohan Singh) Chairman

¶28

(Anand Kishore) Member

¶29

New Delhi, 17^th July, 2017. M

¶30

FPA-FE-142/DLI/1997

¶31

Page 2 of 2

FPA-FE-142/DLI/1997 of Seema Sharma v/s The Joint Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

FPA-FE-142/DLI/1997 of Seema Sharma v/s The Joint Director Directorate of Enforcement, Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases