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2014 Supreme(SC) 1058

SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
Opera House Exports Limited – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For Appellant:Soli J. Sorabjee, Senior Advocate, Aman Vachher, K.P. Mavi, Ashutosh Dubey, H. Sharma, Abhishek Choudhan and P.N. Puri, Advocates.
For Respondent:K. Radhakrishnan, Senior Advocate, Sunita Rani, A. Radhakrishnan, Naveen Kumar, Sidhartha Pandaand B. Krishna Prasad, Advocates.

JUDGMENT :

S.J. MUKHOPADHAYA, J.

1. Leave granted.

2. These appeals are directed against the common judgment dated 9th February, 2011 passed by the High Court of Delhi at New Delhi in Criminal Appeal No. 342 of 2009 etc. By the impugned judgment, the High Court dismissed the appeals preferred by the Appellants herein and upheld the order passed by the Appellate Tribunal for Foreign Exchange (hereinafter referred to as the, Tribunal) on the ground that the appeals were filed beyond the period of 90 days from the date of service of adjudication order.

3. The factual matrix of the case is as follows:-

The State Bank of India, Okhla Industrial Area, New Delhi by its XOS statement dated 21.01.1995 disclosed that the Appellant M/s. Opera House Exports Ltd. D-12/2, Okhla Industrial Area, Phase-II, New Delhi (hereinafter referred to as the, Company) did not realize substantial amount of its export bills and that the bills pending realization were for the period 1991 to 1994. Since it was found that there was a prima facie case of violation of Section 18(2) & 18(3) of the FERA by the Compan












































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