TMI Blog2016 (6) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... ive efficacious remedy, the present writ petition is dismissed. However, the petitioner is given liberty to raise all his pleas and contentions before the Appellate Authority in accordance with the law. - W.P.(C) 5536/2016 & C.M. Nos. 23107-23108/2016 - - - Dated:- 3-6-2016 - Manmohan, J. For the Petitioner : Ajay Laroia For the Respondents : Anurag Ahluwalia, Sumit Rajput ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1999. In Raj Kumar Shivhare vs. Assistant Director, Directorate of Enforcement Another, (2010) 4 SCC 772, the Supreme Court has held as under:- 18. The argument that under Section 35 only appeals from final order can be filed has been advanced on a misconception of the clear provision of the section itself. The section clearly says that from any decision or order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 37 (CA)] ]. xxxx xxxx xxxx xxxx 26. In the instant case also when a right is conferred on a person aggrieved to file appeal from any order or decision of the Tribunal, there is no reason, in the absence of a contrary statutory intent, to give it a restricted meaning. Therefore, in our judgment in Section 35 of FEMA, any order or decision of the Appellate Tribunal would mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction. xxxx xxxx xxxx xxxx 39. In the instant case none of the aforesaid situations are present. Therefore, principle laid down in Ratan case [(2003) 5 SCC 399] applies in the facts and circumstances of this case. If the appellant in this case is allowed to file a writ petition despite the existence of an efficacious remedy by way of appeal under Section 35 of FEMA this will enable him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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