ORDER :

The petitioner-Xiaomi Technology India Private Limited (hereinafter referred to as ‘the Company’ for short) has knocked at the doors of this Court questioning the constitutional validity of Section 37A of the Foreign Exchange Management Act, 1999 (‘the Act’ for short) and has sought certain consequential prayers of quashment of seizure order under Section 37A(1) and confirmation order of such seizure under Section 37A(3) of the Act.

2. Shorn of unnecessary details, facts germane to be noticed are as follows:-

The petitioner claims to be a Private Limited Company incorporated under the provisions of the Companies Act, 2013 and it further claims that the Board of Directors of the petitioner/ Company is constituted only of Indian citizens. More than 1500 employees and around 50,000 Indian families are directly or indirectly dependent on the business of the petitioner who, as claimed by the petitioner, are Indian citizens. The petitioner gets incorporated as a Private Limited Company on 7-10-2014 as a subsidiary of Xiaomi Singapore Private Limited and Xiaomi H.K. Limited and is engaged in the business of procurement, supply and distribution of Xiaomi products in India which is pop