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2014 (1) TMI 796 - HC - FEMAFailure to take steps for realization of export outstanding - Maintanability of appeal - Section 52 of FERA or Section 19 of FEMA - Held that:- Merely because the proviso provides for deposit of penalty while preferring appeal against the order imposing penalty, cannot be said to limit the wide amplitude of the main provision providing for appeal “by any person aggrieved from any order made by the adjudicating authority”. “Any order” would include an order exonerating some of the noticees. Reference may also be made to Section 49(4) of FEMA, being a transitory provision providing for the cases governed by FERA to be continued to be governed by the said Act notwithstanding the repeal thereof. In this regard, it may also be noted that the order dated 26th September, 2003 of the Enforcement Directorate also records the same to have been made under the provisions of the FERA and not under the provisions of FEMA. Once it is held that the grievance as raised in this petition is appealable and once it is admitted that appeal indeed was preferred, this writ petition would definitely be not maintainable - Even if the Appellate Tribunal has not returned any findings on the grievances raised by the petitioner qua the exoneration of the respondents No.3&4, the dismissal of the appeal indicates that the said grievance has also been negatived - If the petitioner is aggrieved of the order of the Appellate Tribunal, she has remedies thereagainst and cannot pursue this petition qua the order which has been subject matter of appeal - Decided against Petitioner.
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