Amrik Kaur Vs Competent Authority New Delhi — Delhi HC (2025) — LawSathi Research

Amrik Kaur Vs Competent Authority New Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with direction to the concerned appellant/petitioner to move an appropriate application before the learned Appellate Tribunal seeking any interim/urgent relief; pending applications also stand disposed of; copy of the order to be given dasti under the signatures of the Court Master.

Issue for consideration

Whether the petitioner is entitled to urgent/interim relief from this Court so that the appeal pending restoration before the Appellate Tribunal, SAFEMA does not become infructuous.

Court's answer

An appropriate request for urgent relief can always be made before the learned Appellate Tribunal; accordingly, the petition is disposed of with a direction to the concerned appellant/petitioner to move an appropriate application before the learned Appellate Tribunal seeking any interim/urgent relief.

Key takeaways

The Court expressed the expectation that as and when any such application is moved before the Appellate Tribunal, the same would be considered in accordance with law.obiter¶16

Detailed headnote1 paragraphs

Oral single-judge order of the High Court of Delhi disposing of CM(M) 975/2025 filed by Amrik Kaur. Her husband, Mr. Dilawar Singh, had filed Appeal No. 56/2016 before the Appellate Tribunal, SAFEMA (Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act), New Delhi, which was dismissed-in-default on 14.05.2017. After his release from jail on 17.04.2023, applications were moved for restoration of the appeal and condonation of delay of 751 days; Ms. Amrik Kaur also sought impleadment, and the applicants seek setting aside of the freezing and forfeiture orders against their property. The Tribunal took up the restoration request on 14.05.2025 and fixed the matter for 01.07.2025. The petitioner sought urgent relief so that the appeal would not become infructuous. Holding that such a request can appropriately be made before the Appellate Tribunal itself, the Court disposed of the petition with a direction to move an appropriate application there seeking interim/urgent relief, expressing the expectation that it would be considered in accordance with law. Pending applications were likewise disposed of, and a dasti copy was directed.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23^rd May, 2025

- CM(M) 975/2025 & CM APPL. 32270-32273/2025 AMRIK KAUR .....Petitioner Through: Mr. Vasnshul Pali, Advocate. versus

COMPETENT AUTHORITY NEW DELHI .....Respondent Through: None.

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Mr. Dilawar Singh, husband of Petitioner had filed an appeal before Appellate Tribunal, SAFEMA [ Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act], New Delhi which was registered as Appeal No. 56/2016.

It was, however, dismissed-in-default on 14.05.2017.

It is submitted that such appeal was filed by Mr. Dilawar Singh who remained behind the bars and came out of Jail on 17.04.2023.

It was, thereafter, only that an application was moved before the learned Appellate Tribunal seeking restoration of said appeal along with the application seeking condonation of delay of 751 days.

It is also submitted that Ms. Amrik Kaur (wife of Mr. Dilawar Singh) has also moved an application seeking impleadment in the abovesaid appeal and that they are seeking setting aside of freezing order as well as the

CM(M) 975/2025 1

Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 6.05.2025 11:00:32

forfeiture order, passed against their property.

Such restoration request was taken up by the learned Appellate Tribunal on 14.05.2025 and the matter is now fixed for 01.07.2025.

The present petition has been filed with the request that if the urgent relief is not granted, the entire appeal would become infrucutous.

This Court feels that an appropriate request in this regard can always be made before the learned Appellate Tribunal and, therefore, the petition is disposed of with direction to the concerned appellant/petitioner to move appropriate application before the learned Appellate Tribunal seeking any interim/urgent relief.

This Court excepts that as and when any such application is moved, the same would be considered, in accordance with law.

Present petition stands disposed of in aforesaid terms.

Pending applications also stand disposed of in aforesaid terms.

Copy of this order be given dasti under the signatures of the Court Master.

(MANOJ JAIN) JUDGE

MAY 23, 2025/ sw/JS

Signature Not Verified

CM(M) 975/2025 2

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 6.05.2025 11:00:32