Two Judge bench dismissed a writ appeal under Clause 15 of Letters Patent. The appellant failed to file an appeal or comply with deposit/security conditions imposed by the Single Judge, rendering an application for modification untenable.
No order as to costs. C.M.P.No.5688 of 2022 is closed.
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 : 01.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.846 of 2022
P.Rosu Reddy ...Appellant / Petitioner
Vs
1.The Joint Director Directorate of Enforcement Chennai Zonal Office 2nd and 3rd Floor Murugesa Naicker Complex No.84, Greams Road Chennai - 600 006.
2.The Assistant Director Directorate of Enforcement (FEMA) Shastri Bhavan, Nungambakkam Chennai - 600 034.
...Respondents / Respondents
Prayer : Appeal under Clause 15 of the Letters Patent against the order dated 17.3.2022 passed in W.M.P.No.5534 of 2022 in W.P.No.25430 of 2021.
Prayer in W.M.P.No.5534 of 2022 : To modify the order passed in W.P.No.25430 of 2021 dated 09.12.2021.
Prayer in W.P.No.25430 of 2021 : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the impugned proceedings of the 1st respondent in Order No.JD/CEZO/Z-1/03/2021 dated 29.10.2021 and quash the same.
For the Appellant : Mr.A.L.Somayaji Senior Counsel for Mr.S.Rajasekar For the Respondents : Mr.N.Ramesh Special Public Prosecutor Enforcement Directorate
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
By this writ appeal, a challenge is made to the order dated 17.3.2022, whereby an application to seek modification of the judgment dated 9.12.2021 was dismissed by the learned Single Judge.
Sd/-
Assistant Registrar(CS-V)
//True Copy//
Sub Assistant Registrar
bbr
To:
1.The Joint Director
No.84, Greams Road
W.A.No.846 of 2022
SSD(CO)
RVM(07/04/2022)
2 issues framed by the court
Whether the writ appeal should be allowed given the appellant failed to comply with the conditions of the single judge order or file an appeal.
Whether the single judge's dismissal of the application for modification was correct.
P. Rosu Reddy
The Joint Director Directorate of Enforcement Chennai Zonal Office
The Assistant Director Directorate of Enforcement (FEMA)
MUNISHWAR NATH BHANDARI
D. BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
