This Tribunal listed two appeals by appellants seeking refund of pre-deposit penalty and discharge of bank guarantee. The Tribunal directed the Registry to issue notice to appellants for their appearance as none appeared since 2019, and listed the matter for future hearing.
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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
| 1. MP-FE-152/DLI/2018 (R.P.) FPA-FE-224/DLI/2009 |
|
|---|---|
| Sanjay Munshi | … Appellant |
| Versus | |
| The Special Director | |
| Directorate of Enforcement, Delhi | … Respondent |
| 2. MP-FE-153/DLI/2018 (R.P.) FPA-FE-225/DLI/2009 |
|
| Girish Gunjotikar | … Appellant |
| Versus | |
| The Special Director | |
| Directorate of Enforcement, Delhi | … Respondent |
Advocates/Authorized Representatives who appeared
| For the Appellants | : None |
|---|---|
| For the Respondent | : Mrs. Aagam Kaur, Legal Consultant |
| CORAM | |
| SHRI G. C. MISHRA | : ACTING CHAIRMAN |
ORDER
11.10.2019
FPA-FE-224/DLI/2009 & FPA-FE-225/DLI/2009
None for the appellants. The applications related to refund of predeposit penalty amount by appellants have been filed with the following prayers:
“ IN THE PREMISES it is respectfully prayed that this Ld. Tribunal may be graciously pleased to direct the Respondents to refund the pre-deposit amount paid by the Appellant and also discharge the Bank Guarantee furnished by the Appellant with interest at the market prevalent rate of 18% per annum to the Appellant; ”
This Tribunal passed the following order dated 08.09.2017:
“ FPA-FE-224/DLI/2009
Fresh application has been filed for Refund of Pre-Deposit by the appellant. Issue notice. Mr. Prashant Pandey, learned counsel for the respondent accepts the notice. He produced the letter dated 24th April, 2017 issued by the Deputy Legal Advisor to the Joint
& FPA-FE-225/DLI/2009
FPA-FE-224/DLI/2009
Page 1 of 2
Director, Directorate of Enforcement, Chennai wherein it was advised to release the bank guarantee and cancel the undertaking. The said letter was written in consequence to the dismissal of the Special Leave Petition (Civil) Nos. 357-359/12 of dated 16th November, 2016 by the Supreme Court of India. The learned counsel for the appellant is also pressing for interest of 18% per annum till the date of actual payment.
The learned counsel for the respondent states that since the action is being taken, therefore, interest may not be granted. We are not agreed with the submissions made by the learned counsel for the respondent. We direct the respondent to release the amount along with the interest at the rate of 9% from the date to depositing till the date of releasing.
We have considered the submissions of the parties. The respondent is directed to release the bank guarantee and cancel the undertaking, the same is discharged. So, the compliance of the direction should be made by the respondent within eight weeks from today.
The compliance about the refund of the amount as well as the bank guarantee be made directly by sending the same to the appellant.
List the appeal on 12th April, 2018 at 02:30 PM.
Application is accordingly disposed of.
Copy of the order be given ‘dasti’ to both the parties. ”
That order has not yet been complied by the respondent. It is submitted by Mrs. Aagam Kaur, learned legal consultant for the respondent that due to the furnishing of the correct address and duly signed advance bill to the respondent, the amount could not be paid. In fact they have filed the copy of the letters dated 16.08.2018, addressed to the appellants informing him to comply the requirements and to provide correct address, but there is no response from the appellant’s side. And this is the reason why the payment could not be made to the appellant.
It is seen from the record that neither the appellants nor their counsels are appearing since 15th January, 2019 and some other dates prior to that. In the absence of the appellants or his counsels it would be difficult to dispose of these appeals.
In the circumstances, Registry is directed to issue notice to the appellants/their counsels to remain present on the next date of hearing.
List on 17th March, 2020.
Acting Chairman
New Delhi, 11th October, 2019
‘AS’
FPA-FE-224/DLI/2009 & FPA-FE-225/DLI/2009
Page 2 of 2
2 issues framed by the court
Whether appeals challenging non-compliance of earlier order directing refund of pre-deposit and release of bank guarantee can be disposed of in absence of appellants.
Whether Registry should issue notice to appellants for non-appearance before deciding the appeals.
1 provisions across 1 enactments
Sanjay Munshi
Girish Gunjotikar
Special Director, Directorate of Enforcement, Delhi
G. C. Mishra
As recorded by the court registry
11 orders share this CNR
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