TMI Blog2021 (7) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is allegedly involved in the commission of FEMA violations. If that is so, the petitioner cannot be compelled to pay pre-deposit amount even if he is driven to file the statutory appeal. HELD THAT:- Considering the arguments on both sides, in our opinion, for the stand taken by the petitioner, we direct the Appellate Authority to exempt the requirement of pre-deposit as regards this petitioner (M. Umesh), in case he resorts to remedy of appeal in light of the liberty given in terms of this order. In other words, the Appellate Authority shall not insist for pre-deposit requirement qua the petitioner herein, i.e. M. Umesh. Besides, the appellate authority shall not non-suit the petitioner for having filed the appeal beyond limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rohatgi, learned senior counsel appearing for the petitioner would submit that the petitioner was in no way concerned with the affairs of the company after his resignation on 06.05.2006 much less with the agreement dated 21.06.2006. Further, even the earlier agreement was between the two companies to which the petitioner was not a signatory. In other words, the petitioner has had no causal connection with the affairs of the company at the relevant time, which is allegedly involved in the commission of Foreign Exchange Management Act (in short 'FEMA') violations. If that is so, the petitioner cannot be compelled to pay pre-deposit amount even if he is driven to file the statutory appeal. Considering the arguments on both sides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this matter after two weeks. SLP(C) No. 18597/2019 Heard learned counsel for the parties. We are in agreement with the view taken by the High Court that since the final order has been passed by the competent authority on 31.01.2019, it is appropriate for the petitioner to pursue remedy by way of statutory appeal. Accordingly, we dispose of this petition with liberty to the petitioner to file statutory appeal within three weeks from today. If the appeal is filed in time, as aforesaid, the Appellate Authority may proceed with the appeal on its own merits in accordance with law and not non-suit this petitioner on ground of limitation as the petitioner has been bona-fide pursuing remedy against the show cause first before th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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