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2020 (3) TMI 85 - HC - Money LaunderingMaintainability of appeal - money laundering - an appeal under section 42 of the Prevention of Money Laundering Act, 2002 has been filed by the Central Government and the same has been registered as APO - HELD THAT:- Section 54 of the Foreign Exchange Regulation Act, 1973 and section 35 of the Foreign Exchange Management Act, 1999 are pari materia with section 42 of the 2002 Act, yet, absence of any reference to the 2002 Act in the said Rules is a bit surprising. Absence of a code number for appeals that are carried in terms of or under section 42 of the 2002 Act and presented before this Court has resulted in assigning case code APO to this appeal. This is coupled with the omission in the said Rules to indicate which Bench would have the determination to entertain such an appeal, which has resulted in the aforesaid order of assignment. Although, the High Court has inherent power to frame rules, and rules have also been framed to regulate the procedure of hearing of appeals under various enactments, rules of procedure for hearing of appeals under the 2002 Act are conspicuous by its absence in the said Rules or elsewhere in the Original Side Rules and this we view as a serious omission, which must be addressed at the earliest. Since the appeal has been registered with case code APO and assigned to us, we have proceeded to consider the same. The appeal is time barred and an application seeking condonation of delay in its presentation has been preferred by the appellant - Let such application be served on the respondent within five days from date with intimation that the same shall be listed on next Wednesday (22.1.2020).
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