Petitioners challenged the dismissal of their appeals by the Appellate Tribunal for Foreign Exchange for failing to deposit the penalty amount as ordered. The Court held that the Tribunal's exercise of discretion was not perverse or arbitrary.
Writ petitions dismissed; no order as to costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2019
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.Nos.20175 and 20176 of 2007 and
M.P.Nos.1 and 2 of 2007
M.D.Eusuffal Elias Saithh ..Petitioner in W.P.No.20175 of 2007 M/s.Alsa Marine & Harvest Ltd., AF-54, 11th Main Road, Anna Nagar, Chennai – 600 040, Rep.by its M.D.Eusuffal Elias Saithh ..Petitioner in W.P.No.20176 of 2007 Vs 1.The Appellate Tribunal for Foreign Exchange Ministry of Law, Justice & Company Affairs, Government of India, Janpath Bhavan, New Delhi – 110 001. 2.The Deputy Director of Enforcement, Directorate of Enforcement (Foreign Exchange Management Act), Government of India, Shastri Bhavan, 3rd Floor, 3rd Block, 26, Haddows Road, Chennai – 600 006. .. Respondents (in both W.Ps)
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent passed in Appeal Nos.679/05 & 678/05 dated 17.5.2007, dismissing the appeal of the petitioner for non-compliance of predeposit condition as arbitrary, illegal and against the principles of natural justice, quash the same, restore the appeal and direct the first respondent to hear the appeal on merits without insisting for predeposit.
For Petitioners : Mr.B.Satish Sundar
(in both W.Ps)
For Respondents : Mr.V.Parivallal
C O M M O N O R D E R
Heard Mr.B.Satish Sundar, learned counsel for the petitioners, Mr.V.Parivallal, learned counsel for the respondents and perused the materials available on record.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
ms
To
2.The Deputy Director of Enforcement, Directorate of Enforcement (Foreign Exchange Management Act), Government of India, Shastri Bhavan, 3rd Floor, 3rd Block, 26, Haddows Road, Chennai – 600 006.
W.P.Nos.20175 and 20176 of 2007 and M.P.Nos.1 and 2 of 2007
LN(CO)
GMY(23/09/2019)
2 issues framed by the court
Whether the Appellate Tribunal for Foreign Exchange acted perversely or arbitrarily in dismissing the appeal for non-compliance of the predeposit condition.
Whether the writ petitions invoking Article 226 of the Constitution of India should be allowed to quash the dismissal of the appeal.
3 provisions across 2 enactments
M.D.Eusuffal Elias Saithh
M/s.alsa Marine & Harvest Ltd.
The Appellate Tribunal for Foreign Exchange
The Deputy Director of Enforcement
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
