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2013 Supreme(SC) 627

K.S.RADHAKRISHNAN, DIPAK MISRA
Union of India – Appellant
Versus
ABN Amro Bank – Respondent


Advocates Appeared:
Mr. P.P. Malhotra, ASG, Mr. Ashok Panda, Mr. V. Giri, Mr. Jaideep Gupta, Senior Advocates, Ms. Asha G. Nair, Mr. Abhishek Kumar Pandey, Mr. Lingaraj Sarangi (for Mr. B. Krishna Prasad), Mr. Subramonium Prasad, Mr. Koshy John, Mr. Manav Vohra, Mr. Amit Sibal, Mr. Jafar Alam (for M/s. Lawyer's Knit & Co.), Mr. Kuldeep S. Parihar, Mr. H.S. Parihar, Advocates, with them for the appearing parties.

JUDGMENT

K.S. Radhakrishnan, J.

1. Crl. M.P. No.11274 of 2013 is allowed.

2. The Special Director of Enforcement, Enforcement Directorate, Government of India, New Delhi, exercising powers under Section 51 of the Foreign Exchange Regulation Act, 1973 (for short 'FERA'), later repealed, initiated proceedings vide order dated 22.9.2000 against M/s Maple Leaf Trading International Pvt. Ltd. (for short 'the Company') for violation of the provisions of Section 19(1)(a) and (d), 29(1)(b), 47(1) and 49(i)(a) read with Section 68 of FERA. Proceedings were also initiated against the other respondents, including 1st respondent, ABN AMRO Bank NV (now called 'Royal Bank of Scotland NV') and 4th respondent - M/s Piccadily Invest AG, Zurich, Switzerland (for short 'Piccadily'). Respondents, aggrieved by the above mentioned order, preferred four appeals before the Appellate Tribunal for Foreign Exchange, New Delhi and the Tribunal allowed those appeals vide its order dated 10.3.2003 and set aside the order of confiscation and the penalty imposed.

3. Union of India, aggrieved by the said order, preferred Criminal Appeal No. 380 of 2003 before the Delhi High Court under Section 54 of FERA read with Se















































































































































































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