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2014 (10) TMI 885

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..... Consequently, the applications in all the appeals noted herein above are allowed and the delay in filing the instant appeals is condoned. Registry is directed to register the appeals and list the appeals on 17-12-2014. - 78-90/2011 - - - Dated:- 17-10-2014 - Vinay Kumar Mathur, Chairperson and Dr. H.K. Mudgil, Member Shri Naveen Malhotra, Advocate, for the Appellant. Ms. Protiti Roy, Legal Consultant, for the Respondent. ORDER [Order per : Dr. H.K. Mudgil, Member]. - The applicants/appellants have filed the instant appeal Nos. 78-90 of 2011, under Section 52 of the Foreign Exchange Regulation Act, 1973 read with Section 19 of the Foreign Exchange Management Act, 1999, challenging the different Adjudication orders of .....

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..... ated 19-5-2011, issued by Shri J.P. Singh, Enforcement Officer. It is stated that the present applications are being filed as a measure of abundant caution to meet the objection by respondent of delay in filing the appeals during the course of hearing. It has been contended that the delay in filing the instant appeals is bona fide and immediately after learning about the proceedings and the Adjudication Order, the appeals have been filed. A prayer for condoning the delay has been made. Each application is supported by an affidavit. 3. We have heard Shri Naveen Malhotra, ld. Advocate for the applicants/appellants and Ms. Protiti Roy, ld. Legal Consultant and have also perused the record carefully. It has been submitted by the ld. Counsel .....

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..... pears to be a delay of more than seven years, but the same was caused due to the fact that the applicants/appellants had no knowledge of the proceedings. The applicants/appellants will suffer irreparable loss in case the delay is not condoned and they are not afforded due opportunity to contest on merits. Sufficient cause for the alleged delay has been shown and adopting a liberal approach, the delay may be condoned in the interest of justice. 4. Ld. Legal Consultant has opposed the applications and has submitted that there is inordinate delay in filing the appeals of more than seven years, however no formal objection has been filed. 5. Considering the submissions of ld. Counsel for the applicants/appellants, it is apparent from the p .....

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