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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, NDPS, PMLA & PBPT ACT AT NEW DELHI
MP-FE-117/MUM/2018 (COD) MP-FE-15/MUM/2015 (Resto.) MP-FE-109/MUM/2018 (Misc.) In FPA-FE-125/MUM/2002
Shri Goldie Sud … Appellant
Versus
The Special Director, Directorate of Enforcement, Mumbai … Respondent
Advocates/Authorized Representatives who appeared
| For the Appellant | : Ms. Namita Sharma, Advocate Shri Amardeep Sharma, Advocate |
|---|---|
| For the respondent | : Shri Kaushlesh Pandey, Legal Consultant on behalf of Shri Prashant Pandey, Legal Consultant |
| CORAM | |
| SMT. ANANYA RAY | : MEMBER |
| ORDER 25.07.2019 |
In FPA-FE-125/MUM/2002
Vide an order dated 13.11.2017, the coordinate Bench had fixed the matter for final hearing on a particular date. However, it was seen when the matter was listed before me on 06.03.2018, that their appeal had been dismissed earlier and there is a restoration of application alongwith COD application filed which was yet to be disposed of. Accordingly, the Restoration of Appeal application was fixed for hearing on 22.03.2018.
In the meantime, the appellant moved the said coordinate Bench to seek a clarification of its order dated 13.11.2017 by their Miscellaneous Petition 109/MUM/2018 wherein they prayed as follows:
In FPA-FE-125/MUM/2002
Page 1 of 2
“I. Clarify the order dated 13.11.2017 in terms of Para 9 of this Application.
II. Pass any other order or orders as may be deemed fit and proper in the facts and circumstances of the case.”
The coordinate Bench vide its order dated 17.09.2018 has observed as
follows:
“The counsel for the respondent has no objection if the prayer is allowed.
Order is passed accordingly. MP is disposed of.
List this matter on 10th January, 2019 before Hon’ble Member Smt. Ananya Ray in Court no. II.”
There is no clarity as to whether restoration of appeal application has actually been allowed or not, as the order dated 17.09.2018 does not say so. It is incumbent legally that the Restoration of Appeal application is heard. Hence, the RoA and the related COD be listed tomorrow i.e. 26th July, 2019. The learned counsel for the appellant as well as respondent are present in the court today and takes note.
List on 26th July, 2019.
(Ananya Ray) Member
New Delhi, 25th July, 2019
‘A’
In FPA-FE-125/MUM/2002
Page 2 of 2
Goldie Sud
The Special Director, Directorate of Enforcement, Mumbai
Ananya Ray
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
