TMI Blog2014 (1) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were due during January, 1985 to June, 1985; that the petitioner was the Director of the exporting firm and had admitted to the export of goods and found the petitioner guilty of, instead of repatriating the sale proceeds of the sold goods into India, utilizing the same in USA. It was further held that the petitioner in the last week of December, 1984 had taken over the affairs of M/s Saz International Pvt. Ltd. from the respondents No.3 4; that the respondent No.4 had in April, 1985 filed a suit in this Court against M/s Saz International Pvt. Ltd. and the petitioner and certain other persons for recovery of dues and damages. The order dated 26th September, 2003 (supra) thus holds that the charge against the respondents No.3 4 did not sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal was qua the exoneration of the respondents No.3 4 also. He has however contended that the Appellate Tribunal has not returned any findings in this regard. 7. The Appellate Tribunal in para 8 of the order dated 28th May, 2010 has noticed the contention of the petitioner herein who was the appellant therein that the respondents No.3 4 had been wrongly exonerated and the penalty of Rs. 5,00,000/- imposed on the petitioner alone was excessive. It was further the contention of the petitioner before the Appellate Tribunal that the respondent No.4 continued to be the Managing Director of the Company and continued to send letters to the RBI in the capacity of the Managing Director of the Company. The Appellate Tribunal in para 11 of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondents contending that the appeal was made under Section 52 of FERA 1973 and the counsel for the petitioner contending that the appeal to the Appellate Tribunal was under Section 19 of the Foreign Exchange Management Act (FEMA), 1999. However, in my opinion the same would be of no avail inasmuch as the provisions as to appeal under both the Acts are similar. The appeal to the Appellate Tribunal under both Acts, lies at the instance of any person aggrieved by the order. Thus the contention of the counsel for the petitioner that the petitioner could not have appealed to the Appellate Tribunal against the exoneration cannot be accepted. 12. The counsel for the petitioner however with reference to the proviso of Section 19 of FEMA has so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dismissal of the appeal indicates that the said grievance has also been negatived. The petitioner has not challenged the order of Appellate Tribunal in this petition. 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. 14. Need is therefore not felt to go into the challenge on merits. It may however be observed that I have also raised the query as to the locus of the petitioner to maintain the present petition. Though the counsel for the petitioner has contended that any citizen can challenge any order of exoneration but has been unable to show any case law thereon. 15. There is thus no merit in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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