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2018 Supreme(Bom) 2199

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Lalit Kumar Modi – Appellant
Versus
Special Director, Directorate Of Enforcement – Respondent


Advocates Appeared:
Mr. Aspi Chinoy, Senior Advocate with Mr. Gaurav Goyal and Ms. Naveli Reshmwalla, Advocates i/b. M/s. Wadia Ghandy and Co, for the Appellant; Mr. Anil Singh, Additional Solicitor General with Mr. Avinash Rana-Senior Advocate, Mr. Pradeep S. Jetly, Mr. Parag Vyas and Ms. Geetica Gandhi, Advocates, for the Respondent Nos. 1 and 2

JUDGMENT

S. C. Dharmadhikari, J. - Rule. Respondents waive service. By consent, Rule is made returnable forthwith.

2. By this petition under Article 226 of the Constitution of India, the petitioner claims the following reliefs:-

    "(a) issue a Writ of certiorari or any other appropriate writ/order or direction in the nature of certiorari quashing the decision contained in the letter dated 10th of July 2015 to the extent the Respondent No. 1 has refused the request of the Petitioner to cross examine the witnesses whose statements were recorded under Section 37 of FEMA and whose statements have been relied upon in the complaint;

      (b) issue a writ of Mandamus and/or any other appropriate writ order or direction in the nature of Mandamus directing the Respondent No. 1 to issue summons to Mr. N. Srinivasan, Mr. Prasanna Kannan, Mr. Sundar Raman, Mr. Chirayu Amin, Mr. Shashank Manohar, Mr. Ratnakar Shetty, Ravi Shankar Shastri, Mr. M. P. Pandove and Mr. Peter Griffith ("the said witnesses") and permit the advocates for the Petitioner to cross examine them;

        (c) issue a Writ of Mandamus an

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