Disposed

FPA-FE-05/DLI/2012 of Surinder Kaur Sethi v/s The Special Director Directorate of Enforcement, Delhi

ATFP11 Jan 2018FPA-FE-05/DLI/2012

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AI extract

What is this about?

The Tribunal disposed of an application for condonation of delay in filing an appeal, accepting the High Court orders. The appeal regarding service of notice was listed for future consideration requiring proof of service.

What did the court decide?

Condonation of delay granted; application disposed of; appeal listed for further hearing.

FPA-FE-05/DLI/2012 of Surinder Kaur Sethi v/s The Special… — Banking and Recovery | ATFP (2018)

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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI

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FPA-FE-05/DLI/2012

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Surinder Kaur Sethi … Appellant

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Versus The Special Director Directorate of Enforcement, Delhi

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… Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant	:	Shri V.K. Ohri, Advocate
For the respondent	:	Shri Pankaj Yadav, Legal Consultant

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

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ORDER

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11.01.2018

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FPA-FE-05/DLI/2012

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The present appeal has been filed against the order dated 05^th August, 2004. Alongwith the appeal, the application for condonation of delay has also been filed. The learned counsel for the appellant has referred the order of the High Court dated 03^rd November, 2012 passed in Writ Petition (C 7825/2011). Counsel for the appellant submits that the appeal has been filed after the receipt of the papers from the respondent within time. For the safety side, the application for condonation of delay has also been filed.

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Counsel for the respondent does not dispute about the passing of the said orders passed by the Hon’ble High Court. In view of the orders passed by the Hon’ble High Court, there is no serious objection about the limitation of filing the appeal. Under these circumstances for the reason FPA-FE-05/DLI/2012 Page 1 of 2

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stated, in the application coupled with para 8 of the application. The delay is condone. The application for condonation of delay is disposed of.

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In regard to the appeal, the main case of the appellant is that proper service of show cause notice has not been affected. On the other hand, the learned counsel for the respondent states that service has been affected by the affixation. In support of his submission, he has referred para 9 of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules 2000.

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The counsel has also referred certain documents from the original filed brought by him. Let the proof of service alongwith the copies of the documents be filed by way of affidavit within four weeks from today.

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List the appeal on 20^th April, 2018 at 11:00 AM when the said aspect will be considered by this Tribunal.

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(Justice Manmohan Singh) Chairman

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New Delhi, 11^th January, 2018

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‘A’

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FPA-FE-05/DLI/2012

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FPA-FE-05/DLI/2012 of Surinder Kaur Sethi v/s The Special Director Directorate of Enforcement, Delhi

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FPA-FE-05/DLI/2012 of Surinder Kaur Sethi v/s The Special Director Directorate of Enforcement, Delhi

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