Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | LIMITATION ACT 1963: s.14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | LIMITATION ACT, 1963: s.14 - Delay in filing appeal - Condonation of - Imposition of penalty on the appellants for contravening provisions of FEMA - Appellate tribunal directed appellants to pay 50% of penalty as pre-condition of hearing appeal - Writ petition filed before Delhi High Court, dismissed D as non-maintainable - Appeal filed before Bombay High Court u/s.35 of FEMA against the order of the appellate tribunal after delay of 1056 days - Bombay High court declining condonation of delay in filing appeal - Plea of appellant that Bombay High Court while computing period of E limitation erred in not taking cognizance of s. 14 and in not excluding the entire period during which writ petition remained pending before Delhi High Court - Tenability of - Held: Not tenable - Existence of good faith is a sine qua non for invoking s. 14 of the Act - Appellants filed writ petition before F wrong forum and came to the forum having jurisdiction to entertain the appeal after delay of 1056 days and sought condonation of delay- Delay was rightly held not condonable since there was no averment in the applications seeking condonation that they had been prosecuting·remedy before G a wrong forum, i.e. the Delhi High Court with due diligence and in good faith - Not only this, the prayer made in the applications was for condonation of 1056 days' delay and not for exclusion of the time spent in prosecuting the writ petitions before the Delhi High Court - This showed that the appellants were seeking to invoke s. 5 which cannot be pressed into service in view of the language of s.35 of the FEMA - Moreover, appellants were well conversant with various statutory provisions including FEMA because several civil and criminal cases were pending against them and they had engaged a group of eminent Advocates to present their cause before the Delhi and the Bombay High Courts - There was total absence of good faith, which is sine qua non for invoking s.14 of the Act - Foreign Exchange Management Act, 1999 - Delay - Condonation of. Foreign Exchange Management Act, 1999: s.19 - Pre- deposit of penalty - Dispensation of - Allegation of contravention of provisions of the- Act - Appellate Tribunal directed appellants to deposit 50% of the amount of penalty as a pre-condition of hearing the appeal - On appeal, held: The appellants miserably failed to make out a case, which could justify an order by the Appellate Tribunal to relieve them of the statutory obligation to deposit the amount of penalty - The appellants had the exclusive knowledge of their financial condition/status and it was their duty to candidly disclose all their assets, movable and immovable including those in respect of which orders of attachment may have been passed by the judicial and quasi judicial forums - However, instead of coming clean, they tried to paint a gloomy picture about their financial position, which the Appellate Tribunal rightly refused to accept - Appellants deliberately concealed the facts relating to their financial condition - Therefore, the Appellate Tribunal did not commit any error by refusing to entertain their prayer for total exemption. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2011 INSC 825 |
Petitioner | Ketan V. Parekh |
Respondent | Special Director, Directorate Of Enforcement And Another. |
SCR | [2011] 14 S.C.R. 1204 |
Judgement Date | 2011-11-29 |
Case Number | 10301 |
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