Disposed

Mr. Dhananjay Tapasvi v. the Special Director Directorate of Enforcement and 2 Ors.

Bombay HC11 Jul 2016WP/1414/2015

Case brief

AI extract

What is this about?

A five-fold common order disposing of writ petitions challenging compounding under FEMA. The Court held that once contravention is compounded by the Competent Authority under Section 15, no issue survives for judicial review, and the petitions are disposed of.

What did the court decide?

Writ petitions disposed of; no declaration necessary as contravention compounded.

Mr. Dhananjay Tapasvi Vs the Special Director… — Writ and Judicial Review | Bombay HC (2016)

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31-35-WPG-1413.2015.doc

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suresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1413 OF 2015

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Martin Evans .... Petitioner Vs. The Special Director, Directorate of Enforcement & Ors. .... Respondents

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AND

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WRIT PETITION NO.1414 OF 2015 Dhananjay Tapasvi .... Petitioner Vs. The Special Director, Directorate of Enforcement & Ors. .... Respondents AND WRIT PETITION NO.1435 OF 2015 Sobhan Ghosh .... Petitioner Vs. The Special Director, Directorate of Enforcement & Ors. .... Respondents AND WRIT PETITION NO.1465 OF 2015 James Sylvester .... Petitioner Vs. The Special Director, Directorate of Enforcement & Ors. .... Respondents

AND

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suresh

31-35-WPG-1413.2015.doc

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WRIT PETITION NO.1481 OF 2015

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Ashim Mukerjee .... Petitioner Vs. The Special Director, Directorate of Enforcement & Ors. .... Respondents

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Mr. Amit Desai, Senior Counsel with Mr. Prakash Shah, Mr. Nishant Thakkar and Mr. Jas Sanghavi i/by M/s. PDS Legal for the Petitioner in all petitions. Mr. A.J. Rana, Senior Counsel with Ms Shehnaz V. Bharucha for the Respondents in all petitions.

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CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

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DATE : JULY 11, 2016

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P.C:

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Having heard Mr. Desai, learned Senior Counsel

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appearing for the petitioners and Mr. Rana, learned Senior Counsel appearing for the respondents, we are of the opinion that the undisputed position of the contravention having been

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compounded and by the Competent Authority under Section 15 of the Foreign Exchange Management Act, 1999 would demonstrate that nothing survives in these petitions. They can

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suresh 31-35-WPG-1413.2015.doc

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be disposed of in terms of the order of compounding and made by the Competent Authority. Once the contravention has been compounded, then, in terms of sub-section (2) of Section 15, all consequences in law shall follow and it is not necessary for this Court to give any declaration in that regard. We have no doubt in our mind that the authorities will proceed in terms of the statutory mandate and, if necessary, make a formal order to close the proceedings. The writ petitions are disposed of.

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(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)

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Mr. Dhananjay Tapasvi v. the Special Director Directorate of Enforcement and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mr. Dhananjay Tapasvi v. the Special Director Directorate of Enforcement and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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