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Tilak Raj Versus Joint Director of Enforcement Directorate, Jalandhar

2015 (11) TMI 28 - PUNJAB & HARYANA HIGH COURT

Tribunal while directing the petitioner(s) to deposit 15% of the amount of penalty imposed and to furnish reliable security for the balance amount of 85% as a pre-deposit for hearing of the appeal has noticed that the petitioner (s) has an arguable case and it would cause hardship in case the waiver is not allowed, but no case of complete waiver was made out. - petitioner(s) has been required to pre-deposit 15% of the penalty amount as a condition precedent for hearing of the appeal, which is re .....

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Bhatti, Adv ORDER Ajay Kumar Mittal, J. 1. This order shall dispose of a bunch of three petitions bearing CWP Nos. 20932, 21024 and 21026 of 2015 as according to learned counsel for the petitioners, the issues involved herein are identical. For brevity, the facts are being extracted from CWP No. 20932 of 2015. 2. In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 23. .....

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the residential premises of various persons including the petitioner and recovered documents from the petitioner regarding distribution of compensatory payment. The petitioner in his statement recorded under Section 40 of the Foreign Exchange Regulation Act, 1973 (in short the FERA ) denied any payment in India by order or on behalf of a person resident outside India. But the recipient mentioned in the seized documents admitted being received payments from unknown person under the instructions .....

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ceedings under Section 56 of the FERA be not initiated against them. A complaint dated 29.4.2002 (Annexure P-4) was filed by the respondent in the court of Chief Judicial Magistrate, Jalandhar against Som Nath Sikka, Raj Kumar and Tilak Raj Chadha (petitioner herein) only. The petitioner was afforded an opportunity of personal hearing on 16.1.2004 and the petitioner submitted his written submissions dated 12.2.2004 (Annexure P-5). However, no action was taken thereon. The Chief Judicial Magistra .....

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- upon the petitioner and directed to deposit the said amount by way of demand draft drawn in favour of Assistant Director, Directorate of Enforcement, Jalandhar in the office of respondent. Feeling aggrieved, the petitioner filed an appeal along with an application (Annexure P-8) for staying the operation of the order dated 27.3.2014 (Annexure P-7) before the Tribunal. Another application for dispensing with prior deposit of the penalty amount was filed on 12.5.2014. The Tribunal vide order dat .....

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Supreme Court in A. Tajudeen v. Union of India (2015) 4 SCC 435 in support of the aforesaid contention. 5. After hearing learned counsel for the petitioners, we do not find any merit in the appeal. In the present case, the Tribunal while directing the petitioner(s) to deposit 15% of the amount of penalty imposed and to furnish reliable security for the balance amount of 85% as a pre-deposit for hearing of the appeal has noticed that the petitioner (s) has an arguable case and it would cause har .....

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