TMI Blog2014 (7) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 - - - Dated:- 10-7-2014 - Sunita Gupta,JJ. For the Appellant : Ms. Rajdipa Behura with Mrs. Monica Gupta, Advs. For the Respondents : Mr. Rajeev K. Virmani, Senior Advocate with Mr. Ashish Kothari, Advs. For R-3 Mr. Kartik Bajpai, Adv. for R-2 Ms. Jagriti Ahuja, Adv. for R-1 % JUDGMENT Sunita Gupta, J. (Oral) Crl. MA 12158/2011 (for condonation of delay of 119 days) 1. By virtue of this application, the appellant seeks to condone the delay of 119 days in filing the accompanying appeal inter alia on the ground that the criminal appeal has been filed by the appellant under Section 54 of Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA ) against the order dated 31.01.2011 passed by the learned Appellate Tribunal for Foreign Exchange in Appeal No.03/07, 6/07 and 34/07 filed by the respondents. The certified copy of the impugned order dated 31.01.2011 was received on 04.04.2011. The collective decision was required to be taken in the government departments at various levels, therefore, valuable time was consumed. As such, it was prayed that delay in filing the appeal be condoned. 2. The application has been contested by the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 52(2) can apply only to an appeal to the appellate Board and not to any appellate tribunal. Therefore, irrespective of the fact that the adjudicating officer had passed the orders with reference to the violation of the provisions of FERA, as the appeal against such order was to the appellate tribunal constituted under FEMA, necessarily Section 19(2) of FEMA alone will apply and it is not possible to import the provisions of Section 52(2) of FERA. As we are not concerned with the appeals to Appellate Board, but appeals to the Appellate Tribunal, limitation being a matter of procedure, only that law that is applicable at the time of filing the appeal, would apply. Therefore, Section 19(2) of FEMA and not Section 52(2) of FERA will apply. The above discussion will clearly demonstrate that Section 49 of FEMA does not seek to withdraw or take away the vested right of appeal in cases where proceedings were initiated prior to repeal of FERA on 01.06.2000 or after. On a combined reading of Section 49 of FEMA and Section 6 of General Clauses Act, it is clear that the procedure prescribed by FEMA only would be applicable in respect of an appeal filed under FEMA though cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. The very fact that this law prescribes certain fixed period for doing certain things itself means that the legislative intention is to enforce discipline in Court affairs which cannot be left to the personal whims of a person or to his convenience. Certain discipline is therefore, inherent in every concept of the law of limitation and this can offer no ground for grudge to any one, much less, the State. If State actions are weighted by cumbersome beurocratic procedures, the private individual also may suffer from paucity of hands and funds. If law expects a person to leave his business, cultivation or service alone in order to approach the Courts in time, why cannot the State, with its large work force and immense resources, cannot be expected to do so? All that is required is a properly coordinated action. If sufficient time-bound guidelines are laid down this work can be accomplished within time. The problem only is that more the Courts become liberal the more the Government become complacent. This must stop and the Courts will have to take notice of this casualness which is creeping into the functioning of the Government, particularly in the law Department. It is a matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bly submitted that the decision of the department does not rest on single individual officer but the same is required to be decided on the basis of deep examination and long deliberation from one officer to another. In order to examine the matter at length, the original records of the case they are also required to be consulted, which require further time. 4. It is further submitted that in the government departments collective decision is to be taken at various levels after crossing various hurdles and intersections, therefore, the valuable time is consumed. 12. The averments made in the application reflects that the explanation is wholly inadequate and unsatisfactory. 13. Besides the same, although the application has been moved under Section 482 Cr.PC read with Section 5 of the Limitation Act, but the relevant provision of law applicable in the instant case is Section 35 of FEMA which reads as under: 35. Appeal to High Court. Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal on any question of law arising out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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