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TMI Blog2018 (8) TMI 1693X X X X Extracts X X X X X X X X Extracts X X X X ..... i/b Economic Laws Practice for the Appellant in FEMA Appeal Nos.1/2017, 2/2017, 5/2017, 6/2017, and for the Applicants in NMA 541/2017, 545/2017, 538/2017, and NMA 543/2017. Mr. A.J. Rana, senior counsel with Mr. Adwait Sethna and Mr. Dushyant Kumar for the Respondent No.1 in all Appeals and Notices of Motion. P.C. : 1 In all these appeals, Notices of Motion for interim stay have been taken out. 2. The Notices of Motion have been listed for hearing and final disposal. 3. In terms of an order passed by this Court earlier, each of these appeals have been admitted and on the questions of law formulated by this Court. 4. The order of admission highlights these substantial questions. That order is reproduced with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th August, 2018. These appeals to be listed alongwith the Motions. Parties are put to notice that, it may be disposed of finally alongwith the Motions. 3. We have not heard the parties on the Motions. However, as the Motions are being adjourned to 28th August, 2018, the respondents will not adopt any coercive proceedings till 28th August, 2018." 5. At the hearing of these Notices of Motion, both sides agree that the order of the Tribunal impugned in these appeals suffers from non-consideration of crucial and vital materials. The matter would have to be decided in accordance with law and particularly in the light of what has been observed by this Court on 21st January, 2015, in a detailed order passed in the FEMA Appeals. 6. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are appeals which would lie against the order passed by an adjudicating authority. The appeals are to be decided strictly in terms of the provisions of law, namely, section 19 and the sub-sections thereof. There are specific powers conferred in this Tribunal and the Tribunal has to exercise them in accordance therewith. 10. Thereafter and going by the composition of the Tribunal which has to be chaired by a person qualified to be or has been a Judge of the High Court and a Member who is drawn from the District judiciary, against the order of such a Tribunal, by section 35, an appeal is provided to this Court. Section 35 reads as under : "35 Appeal to High Court.- Any person aggrieved by any decision in order of the Appellate Tribunal may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay High Court Appellate Side Rules. In this context, a reference can be usefully made to the relevant Rule of the Bombay High Court Appellate Side Rules, 1960. The relevant Rule reads as under : "3 All appeals from orders passed under any special statute other than Code of Criminal Procedure, which provides for an appeal to the High Court from an order of penalty or for confiscation or an order in the nature thereof passed under that statute shall be heard by a Division Bench hearing first appeals." 12. A bare perusal of this Rule would denote that the words employed therein are specific. Whenever such words are used, the intent is clear. That Appeals against orders of the above nature passed by the Appellate Tribunal / Author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use the Appellate Side Rules are simpler. Hereafter, none of these appeals shall be registered by the Registry on the Original Side. Even if the Appellate Tribunal decides an appeal filed by a person who is residing at or carrying on business in Mumbai, does not mean that the Original Side is empowered to register such an appeal. 13. There has to be consistency and certainty for we find that whenever appeals are filed on the Original Side, there is no proper registration. The procedure is not only cumbersome but unwieldy and results in the litigants incurring unnecessary costs and expenses. The Original Side Registry, in its usual inefficient manner, does not expeditiously register and number these appeals and we have several complications ..... X X X X Extracts X X X X X X X X Extracts X X X X
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