Dismissed

FPA-FE-1288/DLI/2004 of M/s. Jain Sudh Vanaspati & Ors. v/s The Special Director Directorate of Enforcement, Delhi

ATFP22 Mar 2018FPA-FE-1288/DLI/2004

Case brief

AI extract

What is this about?

The Appellate Tribunal dismissed appeals raised in foreign exchange matters. The court declined jurisdiction, citing Bombay High Court precedents that such appeals lie before the Special Director (Appeals). One appeal was dismissed for non-prosecution.

What did the court decide?

Appeals dismissed for lack of jurisdiction and non-prosecution; liberty granted to approach the Special Director (Appeals).

FPA-FE-1288/DLI/2004 of M/s. Jain Sudh Vanaspati & Ors. v/s The… — Arbitration | ATFP (2018)

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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI

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FPA-FE-1288/DLI/2004 M/s. Jain Sudh Vanaspati & Ors.	… Appellant
FPA-FE-1289/DLI/2004
V.K. Jain	… Appellant
FPA-FE-1290/DLI/2004
Jain Export Pvt. Ltd.	… Appellant
FPA-FE-1291/DLI/2004
Raj Kumar Jain	… Appellant
FPA-FE-1292/DLI/2004
India Exports	… Appellant
Versus
The Special Director
Directorate of Enforcement, Delhi	… Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Shri Asif Ahmed, Advocate (for Appeal1292) Mr. Malhotra, Advocate (for Appeal No. 1289-1291)
For the Respondent	: Shri Pankaj Yadav, Legal Consultant
CORAM
SMT. ANANYA RAY	: MEMBER
	ORDER 22.03.2018

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FPA-1288-1292/ DLI/2004

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The learned counsel for the appellant states that the Delhi High Court had left the question of jurisdiction open vide its order dated 10.09.2015 as per para-8 of the said order. He further states that the impugned order is passed by the Deputy Director and as per Section 17(2) of FEMA, 1999, appeals against the Deputy Director’s order lies before the Special Director (Appeals). The counsel for the respondent agrees to the same.

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FPA-FE-1288-1292/DLI/2004

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Page 1 of 2

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In the light of the judgment of the Bombay High Court in the case of Premier Industry vs. Union of India in Writ Petition no. 1567 and 2780 of 2005 decided on 13.07.2006, such appeals are to be heard by the Special Director (Appeal) and the appeal does not lie with the Appellate Tribunal.

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The appeal is therefore dismissed on grounds of jurisdiction with liberty to the appellant to file it before the Special Director (Appeals), Enforcement Directorate. In case they choose to do so, the issue of limitation will not arise as the appeal has been filed in Tribunal on time.

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No one appears on behalf of appellant in FPA-FE-1288/DLI/2004 i.e M/s. Jain Sudh Vanaspati & Ors. Hence the appeal is dismissed for nonprosecution.

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(Ananya Ray) Member

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New Delhi, 22^nd March, 2018. ‘K’

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FPA-FE-1288-1292/DLI/2004

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FPA-FE-1288/DLI/2004 of M/s. Jain Sudh Vanaspati & Ors. v/s The Special Director Directorate of Enforcement, Delhi

Case brief

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FPA-FE-1288/DLI/2004 of M/s. Jain Sudh Vanaspati & Ors. v/s The Special Director Directorate of Enforcement, Delhi

Case brief

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