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2012 Supreme(Del) 2761

MUKTA GUPTA
Kamlesh Ishwarbhai Patel – Appellant
Versus
UOI – Respondent


Advocates:
For the Appellant :Mr. Shamik S. Sanjawala, Advocate.
For the Respondents: Mr. Jatan Singh CGSC with Mr. Tushar Singh, Adv. for R-1. Mr. Mukesh Gupta, APP for State.

JUDGMENT :

Mukta Gupta, J.

1. By this application the Appellant seeks condonation of delay of 166 days in filing the present appeal.

2. The Foreign Exchange Appellate Tribunal (in short The Tribunal) vide its order dated 2nd February, 2007 in Appeal No. 121/1999 directed the Appellant to deposit a sum of Rs. 7,00,50,000/- as pre-deposit failing which the appeal would not be entertained. Against the said order dated 2nd February, 2007 of the Tribunal the Appellant filed a writ petition before the High Court of Gujarat which was returned for want of territorial jurisdiction on 7th December, 2007 to be presented before the appropriate forum. Consequently, the Appellant preferred writ petition (civil) No. 7260/2007 before this Court on 29th September, 2007 wherein this Court issued notice and stayed further proceedings before the Learned Tribunal. Vide order dated 30th July, 2010 this Court disposed of the writ petition in view of the decision of the Hon’ble Supreme Court in Raj Kumar Shivhare Vs. Assistant Director, Directorate of Enforcement (2010) 4 SCC 772 holding that appropriate remedy would be by way of filing an appeal. On 2nd August, 2010 the Appellant applied for a certified co




































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