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TMI Blog2012 (2) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... une 2000. Under the sunset provision incorporated in subSection (3) of Section 49 of the Foreign Exchange Management Act, 1999 (FEMA, 1999), a period of two years was prescribed for taking cognizance of an offence under the repealed Act and for taking notice of any contravention under Section 51 of the repealed Act. In the present case, a notice to show cause was issued to the Respondent for a violation of the provisions of the FERA, 1973 on 27 July 2001. By an order dated 30 October 2003, the Special Director in the Directorate of Enforcement, Mumbai, adjudicated upon the notice to show cause and did not impose any penalty upon the Respondent. A revision was filed by the Union of India to the Appellate Tribunal for Foreign Exchange constit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of adjudication passed by the Special Director. Against an order passed by the Appellate Tribunal, an appeal lies before this Court under Section 35 of the FEMA,1999. Section 35 stipulates that the appeal has to be filed within sixty days from the date of communication of the decision of the Appellate Tribunal. Under the proviso to Section 35, the High Court is empowered upon sufficient cause being shown to condone a delay not exceeding a period of sixty days. In other words, no appeal can be filed beyond the outer limit of 120 days from the date of communication of the order of the Tribunal, before the High Court. The appeal which has been filed in August 2010 is clearly beyond the outer limit of 120 days and is, therefore, not main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o procedure. 7. Applying the principle which has been enunciated by the Supreme Court to the facts of the present case, it is evident that an appeal against an order of adjudication passed on 30 October 2003 by the Special Director of Enforcement, which was after the repeal of the FERA, 1973 had to be filed before the Appellate Tribunal constituted under the FEMA, 1999. An appeal against the order of the Appellate Tribunal would be governed by the provisions of Section 35 of the FEMA, 1999. This Court does not have any jurisdiction to condone a delay in excess of sixty days beyond the period of sixty days prescribed for the filing of an appeal. The view which we have taken is also consistent with a judgment of this Court in Union of India ..... X X X X Extracts X X X X X X X X Extracts X X X X
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