The FERA Appeal was dismissed for non-prosecution as the appellant failed to pay bhatta charges despite multiple extensions and notice directions.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
FERA APPEAL NO. 60 OF 2008
IN
APPEAL NO. 288 OF 1989
Director of Enforcement,
Enforcement Cirectorate, Mumbai. ..Appellant
Versus
The New Greatest Eastern Spg. & Wg.
Co.Ltd. & Anr. ..Respondents
Mr. H.V.Mehta a/w Mr. Y.R.Mishra i/b. Mr. T.C.Kaushik
for the appellant.
CORAM: F.I.REBELLO AND
J.H.BHATIA, JJ.
DATE: 16th April, 2009.
P.C.
1. This Appeal was earlier numbered as First Appeal
Stamp No.18296 of 2004. By an order dated 8th August,
2008, the delay was condoned with a direction to register
the appeal.
2
2. This Court on 26th September , 2008 noted that
after the Court directed issue of notice on 8th August,
2008, bhatta charges were not paid. On 18th November,
2008, the matter was adjourned at the request of the
Counsel for the appellant to 26th November, 2008. On 3rd
March,2009, two weeks’ time was extended to pay bhatta
charges. Till date, bhatta charges have not been paid.
3. The learned Counsel for the appellant seeks
additional time to pay bhatta charges. The issue
pertains to reduction in the amount of penalty. The
matter is pending since 2004. Though this Court directed
the issue of notice on 8th August, 2008, bhatta charges
have not been paid inspite of granting additional four
weeks. Hence, the Appeal is dismissed for
non-prosecution.
(F.I.REBELLO,J.)
(J.H.BHATIA,J.)
Director of Enforcement, Enforcement Directorate, Mumbai
The New Greatest Eastern Spg. & Wg. Co.Ltd.
F.I. Rebello
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court