9911796707
TMI Blog2022 (3) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... oner), being aggrieved by the action initiated by the appellant herein under the Foreign Exchange Management Act, 1999 (for short, "the Act"), has preferred the writ petition challenging the legality and validity of the seizure orders dated 26.08.2021, 30.09.2021 and 15.12.2021, by which a sum of Rs. 270.00 crores has been seized. The prayer made in the writ petition reads as under:- "For the reasons stated in the accompanying affidavit prayed that this Hon'ble Court may pleased to issue a Writ of certiorari, or any other appropriate writ, order or direction for quashing the Impugned Seizure Order No.01/2021 bearing No.F.No.T-3/HYZO/75/2021 dated 26 August 2021 read with Order bearing No.F.No.T-3/HYZO/75/2021 dated 12 October 2021, Seizur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 9.68 crores was released for payment of salary and other dues and a utilization certificate was also filed. He has stated that the order of release of Rs. 15,35,45,317/- has been passed to ensure that salary is paid to the employees of the company. The Officer present in the Court, Sri Ahbishek Goyal, IPS, appearing for the appellant has informed this Court that at no point of time such an amount was released by the Enforcement Directorate (ED) and, in fact, the aforesaid amount of Rs. 9.68 crores was never seized by the ED. Therefore, the question of releasing the same does not arise. He has categorically stated that not a single rupee has been released in the matter so far out of Rs. 270.00 crores attached by the ED. It has been furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No.1/writ petitioner has stated that he does not have a copy of the aforesaid order and he is not aware of the same. In the present case, as already stated, now an order has been passed on 04.02.2022 by the competent authority under Section 37A(2) of the Act. Section 37A of the Act reads as under:- "37A. Special provisions relating to assets held outside India in contravention of section 4.-(1) Upon receipt of any information or otherwise, if the Authorised Officer prescribed by the Central Government has reason to believe that any foreign exchange, foreign security, or any immovable property, situated outside India, is suspected to have been held in contravention of section 4, he may after recording the reasons in writing, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the seizure made under subsection (1): Provided that if, at any stage of the proceedings under this Act, the aggrieved person discloses the fact of such foreign exchange, foreign security or immovable property and brings back the same into India, then the Competent Authority or the Adjudicating Authority, as the case may be, on receipt of an application in this regard from the aggrieved person, and after affording an opportunity of being heard to the aggrieved person and representatives of the Directorate of Enforcement, shall pass an appropriate order as it deems fit, including setting aside of the seizure made under sub-section (1). (5) Any person aggrieved by any order passed by the Competent Authority may prefer an appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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