Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Exchange Regulation Act 1973 - s. 52 - Appeal to appellate board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Exchange Regulation Act, 1973 - s. 52 - Appeal to appellate board - Cognizance in the matter taken C within the sunset period - Adjudication proceedings carried out under the provisions of FERA - Appeal against orders of adjudicating officer to the appellate board filed beyond the period of 90 days from the date of service of adjudication order - Appellate tribunal dismissed the appeal on the o ground that in view of s. 52(2), delay beyond the period of 90 days could not be condoned - Order upheld by the High Court - Application of the provisions of FERA or Foreign Excharoge Management Act, 1999 - Held: Under s. 52(2) of FEHA appeal against order u/s 51 can be filed within 45 days from E the date on which the order is served on the person - Appellate board is also empowered under proviso to sub section (2) of 52 to entertain any appeal even after expiry of that period of 45 days but not after 90 days, from the date subject to satisfaction that the appellant was prevented by F sufficient cause from filing the appeal in time - On facts, delay in filing appeal is computed as 89 days - Therefore, even uls 52 of FERA, the appellate board was empowered to condone the delay, as the appeal was filed before 90 days and not later than 90 days - Even otherwise appeal not barred by limitation - Thus, orders passed by the tribunal and the G High Court set aside -Matter remitted back to the tribunal. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 982 |
Petitioner | M/S. Opera House Exports Ltd. Etc. & Ors. |
Respondent | Union Of India & Anr. Etc. |
SCR | [2014] 9 S.C.R. 233 |
Judgement Date | 2014-07-14 |
Case Number | 1451-1455 |
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