Disposed

Pigeon Education Technology India Private Limited v. the Directorate of Enforcement

Karnataka HC8 Nov 2024RP/514/2023

Case brief

AI extract

What is this about?

Review Petition No. 514 of 2023 filed by Pigeon Education Technology India Private Limited challenging a Writ Judgment under Order XLVII Rule 1 r/w Section 114 of CPC and Constitution Articles 226 and 227. The High Court disposed of the petition, holding that since the underlying order merged into a statutory order under FEMA Section 37(A), no ground was made out for review, while reserving libert

What did the court decide?

With liberty to the petitioner to take appropriate proceedings so far as his grievance arising from the order dated 12.07.2023 which has since merged into another order. All contentions are kept open.

Pigeon Education Technology India Private… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:45250 RP No. 514 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT REVIEW PETITION NO. 514 OF 2023

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BETWEEN:

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PIGEON EDUCATION TECHNOLOGY INDIA PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMAPNIES ACT 2013 HAVING ITS REGISTERED OFFICE AT INDIQUBE ALPAH NO 19/4, 27, OPR, KADUBEESANAHALLI, BENGALRU 560 103. REP BY ITS DIRECTOR MR. VEDANT HEAMIWASIA.

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…PETITIONER

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(BY SRI. KARAN JOSEPH.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE DIRECTORATE OF ENFORCEMENT BANGALORE ZONAL OFFICE, 3^RD FLOOR, B BLOCK, BMTC SHANTHINAGAR, TTMC, KH ROAD, SHANTHINAGAR BENGAURU 560 027.

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THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, 3^RD FLOOR, B BLOCK, BMTC SHANTHINAGAR, TTMC, KH ROAD, SHANTHINAGAR BENGAURU 560 027.

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…RESPONDENTS

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(BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE)

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NC: 2024:KHC:45250 RP No. 514 of 2023

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THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF CPC 1908 R/W ARTICLSES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO REVIEW ITS JUDGMENT DATED 19/09/2023 IN WRIT PETITION NO. 11532/2023 (AT ANNEXURE-A), TO AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST.

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THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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ORAL ORDER

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Learned counsel for the review petitioner submits

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that in the judgment now put in review, nothing is stated about his client’s application filed under Article 226 of the Constitution read with Order VI Rule 17 of CPC seeking leave to amend the petition. He adds that the amendment was to lay a challenge to another similar order dated 12.07.2023 and therefore review is eminently warranted.

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Learned Panel Counsel appearing for answering respondents opposes the petition contending that the said order dated 12.07.2023 has lost its identity, the same having merged into the order passed by the authority u/s.37(A) of FEMA vide NOOR MOHAMMED vs. STATE OF UTTAR PRADESH, AIR OnLINE 2020 ALL 129 and

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NC: 2024:KHC:45250 RP No. 514 of 2023

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because of this development the review petition is not maintainable.

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Having heard the learned counsel for the parties and having perused the petition papers, I am broadly in agreement with the submission made by learned Panel Counsel appearing for the authorities. It needs to be stated that for undertaking review there has to be an order. Since the order that was sought to be challenged by way of amendment of writ petition has merged into statutory order u/s.37(A), the subject application now pales into insignificance. Thus no ground is made out for exercise of review jurisdiction.

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With the above observations, petition is disposed off reserving liberty to the petitioner to take appropriate proceedings so far as his grievance arising from the order dated 12.07.2023 which has since merged into another order. In that connection all contentions are kept open.

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Sd/(KRISHNA S DIXIT) JUDGE

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Snb/ List No.: 1 Sl No.: 15

Pigeon Education Technology India Private Limited v. the Directorate of Enforcement

Case brief

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Pigeon Education Technology India Private Limited v. the Directorate of Enforcement

Case brief

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