TMI Blog2020 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... entions before the Adjudicating Authority. Needless to say, if the petitioner is aggrieved of the decision taken by the Adjudicating Authority, it shall always be open to the petitioner to challenge the same in accordance with law. - W.P.(C) 9743/2020 - - - Dated:- 3-12-2020 - HON'BLE MR. JUSTICE NAVIN CHAWLA Petitioner Through: Mr. Suhail Dutt, Sr. Adv. With Mr. Nishant Varun Mr. Pawan Sharma, Advs. Respondents Through: Mr. Chetan Sharma, ASG Mr. Anil Soni, CGSC with Mr. Devesh Dubey, Adv. For UOI. Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Mr. Mohammad Shahan Ulla Mr. Kaushal Kait, Advs. NAVIN CHAWLA, J. (Oral) This petition has been heard through video conferencing. CM APPL. 31109/2020 (Exemption) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C/0547/2016 , the learned senior counsel for the petitioner submits that where no case is made out on the facts alleged in the Show Cause Notice itself, this Court would be within its jurisdiction to entertain the Writ petition and quash such Show Cause Notice. 4. I have considered the submissions made by the learned senior counsel for the petitioner. 5. The Impugned Show Cause Notice has been issued to the petitioner in terms of Rule 4 of the Rules and reads as under:- 5. NOW THEREFORE, the Noticees are required to Show Cause in writing within 30 days from the date of receipt of this Notice, as to why inquiry proceedings as contemplated under section 13 FEMA should not be held against them in the manner as provided in Rule (4) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch person, the Adjudicating Authority is of the opinion that an inquiry should be held, he shall issue a notice fixing a date for the appearance of that person either personally or through his legal practitioner or a chartered accountant duly authorised by him. (4) On the date fixed, the Adjudicating Authority shall explain to the person proceeded against or his legal practitioner or the chartered accountant, as the case may be, the contravention, alleged to have been committed by such person indicating the provisions of the Act or of rules, regulations, notifications, direction or orders or any condition subject to which an authorisation is issued by the Reserve Bank of India in respect of which contravention is alleged to have taken ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
