The Tribunal deferred determination on its jurisdiction to hear an appeal under the FEMA, 1999, pending counsel providing details and copies of High Court stay petitions.
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-674/MUM/2000 Sh. Om Prakash Arora … Appellant Versus
The Special Director Directorate of Enforcement, Mumbai
… Respondent
Advocates/Authorized Representatives who appeared
For the Appellant : Mr. Naveen Malhotra, Advocate For the Respondent : Ms. Aagam Kaur, Legal Consultant CORAM SMT. ANANYA RAY : MEMBER ORDER 18.12.2017
FPA-FE-674/MUM/2000
A preliminary issue came up with regard to the jurisdiction of this Appellate Tribunal to hear the case. Since, this order was passed by the Deputy Director, Directorate of Enforcement, as per Section 17 of Foreign Exchange Management Act, 1999 such appeals are to be heard by the Special Director’s (Appeals). Learned counsel for the appellant Mr. Naveen Malhotra stated that they have filed a number of appeals before the Hon’ble High Court of Delhi on this issue and there is also a stay on this issue. Learned counsel for the respondent seeks time to take instructions on this issue.
List this matter on 29th January, 2018.
Learned counsel for the appellant will file a written application giving details of all the cases filed in the Hon’ble High Court of Delhi as well as copy of the stay petition. A copy of the same may also be handed over to the learned counsel for the respondent.
(Ananya Ray) Member
New Delhi, 18th December, 2017 ‘AS’
FPA-FE-674/MUM/2000
Page 1 of 1
2 issues framed by the court
Whether this Appellate Tribunal has jurisdiction to hear the appeal filed under Section 17 of the Foreign Exchange Management Act, 1999, given the stay by the High Court.
How to proceed when a preliminary issue regarding jurisdiction and an existing High Court stay has arisen.
1 provisions across 1 enactments
Om Prakash Arora
The Special Director Directorate of Enforcement, Mumbai
Ananya Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
