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2023 (3) TMI 335 - HC - FEMAPenalty u/s FERA Act - Demand fastened upon the petitioner in terms of Sections 70(1)(i) & 70(1)(ii) of the Foreign Exchange and Regulation Act, 1973 - HELD THAT:- A compilation has been filed by R1 & R2 containing four documents. That apart, the complaint copy itself refers to order of adjudication having been passed, though perhaps not served. Thereafter, an opportunity notice has been issued which has been duly served upon the petitioner. The diary of proceedings before the Criminal Court have also been produced to show that the petitioner has been present from 10.06.2008 onwards, on various dates till 29.01.2018. In the meantime, steps were initiated by the respondent for splitting of the complaint qua the company and the Directors. As a result was continued in the name of the company and one Director and as against the petitioner and another Director. Thus, through all this, the petitioner has certainly been aware of the factum of order having been passed and this is the question that this Court has to contend with, as to whether such prolonged inaction on the part of the petitioner to even seek a copy of the order and then initiate appropriate steps, may be condoned. The response, in my considered view, must be in the negative, for the reason that there is no justification whatsoever, let alone justifiable explanation, that has been set out to consider condonation of such intervening inaction. In fact, and as been noted in the preceding paragraphs, the case of the petitioner has bordered on stating that he was not even aware of the order which position is clearly contrary to the facts.
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