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2009 (11) TMI 504 - HC - FEMADirection to petitioner as a legal representative to deposit ₹ 1,00,000,00 from the estate of the deceased, i.e., Mr. Bharat Thacker Held that:- The petitioner being a legal representative will be liable to the extent that she has inherited the estate from late Mr. Bharat Thacker. The estate of late Mr. Bharat Thacker is liable and can be attached and forfeited under provisions of the Foreign Exchange Regulation Act, 1973, on account of the adjudication order passed against Mr. Bharat Thacker. This is, therefore, necessary to enquire about the total estate left behind by late Mr. Bharat Thacker. No such enquiry was made and gone into. The petitioner herein has also not filed any affidavit stating and giving details of the estate left behind by late Mr. Bharat Thacker, what has happened to the said estate and who has inherited the same. In case late Mr. Bharat Thacker has left behind any estate, learned Appellate Tribunal is competent to pass an appropriate order to protect interest of the respondent department, even if the same is in possession/control of a third party, other than the petitioner herein. The petitioner cannot obviously object or protest against any such order, for she is not adversely affected and has not inherited the estate. Inheritance is subject to the first charge of the respondent. In these circumstances, the impugned order dated 8-2-2007, to the extent it relates to appeal No. 37/2000 is set aside and the matter is remanded back for fresh adjudication on the application for waiver of pre-deposit
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