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TMI Blog2020 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... wed, subject to all just exceptions. W.P.(C) 9743/2020 & CM APPL. 31108/2020 1. This petition has been filed by the petitioner challenging the Show Cause Notice dated 24.08.2020 issued by the respondent no. 1 calling upon the petitioner to show cause as to why an inquiry be not held against the petitioner in the manner provided in Rule 4 of the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (hereinafter referred to as the 'Rules'). 2. The learned senior counsel for the petitioner submits that the Show Cause Notice relates to proceedings of the year 2010 and therefore, is highly belated. He submits that this itself is a ground for setting aside the Show Cause Notice. In support of his submission, he places r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dication Proceedings and Appeal) Rules, 2000, for the aforementioned contraventions and amount. 6. NOTICEES are further informed that in case it is decided to hold inquiry proceedings as aforementioned, they would be required to appear either in person or through Legal Practitioner /Chartered Accountant, duly authorized by them to explain and produce such documents or evidence, as may be useful for or relevant to the subject matter of enquiry, and in case the Noticees fail, neglect or refuse to appear before the undersigned on the appointed dated and time, the adjudication proceedings shall proceed against them ex-parte." 6. Rule 4 of the Rules requires a two-stage scrutiny of the complaint by the Adjudicating Authority. Sub-rule 1 to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity to such person to produce such documents or evidence as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to future date and in taking such evidence the Adjudicating Authority shall not be bound to observe the provisions of the Indian Evidence Act, 1872 (1 of 1872)." 7. A reading of the above Rules would clearly show that the Impugned Show Cause Notice is at the first stage wherein the Adjudicating Authority on receiving a reply to the Impugned Show Cause Notice is to form an opinion whether an inquiry at all should be held against the petitioner. 8. In view of the above, at this stage I do not deem it appropriate to entertain this present petition. The petitioner shall be at liberty to rai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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