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2010 (9) TMI 463 - HC - FEMAForeign Exchange violations – Non receipt of consideration - Initiation of proceedings - initiation of proceedings under the FERA in terms of Section 49(3) FEMA read with the Rules - Held that: in the instant case, been able to show that the Petitioner No. 1 took all reasonable steps to receive back the goods that had been despatched for export. The Petitioner No. 1 wrote to TCIL asking it to re-book the consignment for the delivery back atNew Delhi. TCIL, for reasons best known to it, was unable to do so. It first stated that all the six consignments were in its custody. Later it contradicted this by stating that four of the consignments had been delivered to the consignee. There is already a finding rendered by the NCDRC on this aspect. - The Petitioners have been able to show that the essential ingredient of Section 18(2) read with Section 18(3) FERA has not been satisfied in the present case. It will not be in the interests of justice after nearly eight years, to require the Petitioners to face the entire proceedings before the Adjudicating Authority to demonstrate that the notice issued to them on28th February 2002was without jurisdiction. The facts necessary to even prima facie draw the inference of violation of Section 18(2) FERA by the Petitioners do not exist in the present case. - SCN issued by DoE set aside.
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