TMI Blog2016 (4) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... enough period for directing investigation. Yet, for the fault of the Director of Enforcement and his team, we do not wish to adversely affect the larger public interest. In the circumstances, we pass the following order :- (a)On the applicant paying to the respondents costs quantified at ₹ 10,000/- in each of these appeals and which should be paid within two weeks from today, we grant them time till 17th December, 2015 to file complete paper books in all appeals. (b)If such compliance is made and receipt of payment of costs is shown, the Registry to allow the appellant/applicant to prosecute each of these appeals on merits and in accordance with law. (c)No extension of time will be granted for payment of costs or complying wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents and they have been emphasizing that though the appeals had been admitted way back on 31st August, 2007 and a facility was given to the applicant/appellant to supply a private paper book, still the defaults continue and therefore, the Registry was left with no choice but to dismiss the appeals without adjudication on merit. Now the question arises whether the same opportunity should be given again. 4. Mrs. Bharucha, learned counsel appearing for the applicant has no answer to this query save and except to say that the matter is very old and it is very difficult to trace out the documents and records and thereafter prepare a paper book. She would submit that in the Government administrative lapses, procedural delays are a known fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for not complying with the procedural rules and one of being to facilitate the respondents. We do not wish to look into these reasons any further. However, we are surprised and shocked that for such lapses and non-compliance with the procedural requirements, the Director of Enforcement, having his office at Mumbai, has not initiated the necessary inquiry and sought explanation from those working under him as to why the delay has occurred. He must take disciplinary action. 8. The Director of Enforcement cannot go on giving instructions to seek time or to set aside a conditional order. This mechanical exercise demonstrates the casualness on the part of all concerned in the Directorate of Enforcement. We think eight years delay is a long en ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
