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2014 Supreme(Del) 912

S.P.GARG
Directorate of Enforcement – Appellant
Versus
Delco Precitone Jewellers – Respondent


Advocates:
Advocate Appeared
For the Appellant:Subhash Bansal, Advocate.

Judgment :

S.P. Garg, J.

1. Crl.A.295/2012 has been preferred under Section 54 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as ‘FERA’) against the final order dated 09.09.2009 of Appellate Tribunal for Foreign Exchange, New Delhi in Appeal Nos. 532/2004 to 534/2004. The Appellate Tribunal allowed appeals of the respondents and quashed the adjudication order dated 20.01.2004.

CRL.M.A.3304/2012 (delay) in CRL.A. 295/2012

2. The application has been moved for condonation of delay of 804 days in filing the appeal.

3. Learned counsel for the appellant (Enforcement Directorate) urged that the Appellate Tribunal’s order dated 09.09.2009 was communicated to the office of the Enforcement Directorate on 20.10.2009. The appellant decided to challenge the said order and sent the comments/ instructions to the previous Standing Counsel. The detailed appeal was prepared and transmitted to the department for approval of the competent authority. After the final approval, the appeal was preferred in the High Court. Mr.Atul Nanda, Central Government Standing Counsel informed the appellant that the appeal was filed vide Diary No.183108/2010 and was lying under objection in the




















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