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2022 Supreme(SC) 1593

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Union of India – Appellant
Versus
Citi Bank, N. A. – Respondent


Advocates appeared:
Mr. M.K. Maroria, Advocate, For the Appellant / Mr. Rajeev K. Virmani, Sr. Advocate, Ms. Rashmi Virmani, Advocate, Mr. Sudeep Narain, Advocate, M/S. S. Narain & Co., Advocate, Mr. E. C. Agrawala, Advocate, Mr. Sanjay Gupta, Advocate, Ms. Jagriti Ahuja, Advocate, Mr. Vikas Kumar, Advocate, Ms. Megha Yadav, Advocate, Mr. Manish Paliwal, Advocate, Mr. Ateev Mathur, Advocate, For the Respondent.

JUDGMENT

B.R. Gavai, J.- Since the facts and the question of law that arises for consideration in all the appeals are similar, all these appeals are being heard and disposed of by the present Judgment.

2. In Civil Appeal No. 9337 of 2010, the respondent- Bank was granted license to act as an authorized dealer under the provisions of sub-sections (4) and (5) of Section 6 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as 'the FERA'). The respondent-Bank had accepted cash in foreign currency, equivalent to Rs.23,17,630/- during the period from October 1992 to January 1993 to the credit of NRE (Non- Resident External) Account of Umakant Bhardwaj, a Non- Resident Indian (NRI). For the said transaction, a show-cause notice came to be issued on 25th February 2002 by the appellants, alleging therein that the respondent-Bank had contravened the provisions of Sections 8(1), 64(2), 64(4), 64(5) and 73(3) of the FERA. The said show-cause notice was replied by the respondent-Bank on 30th October 2002. It was the contention of the respondent-Bank that the restriction to the effect that only an NRI Account Holder shall deposit foreign currency in his NRE account was added onl

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