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2013 Supreme(Del) 2403

HIMA KOHLI
Bhawarlal S. Kothari – Appellant
Versus
Registrar, Appellate Tribunal Foreign Exchange – Respondent


For the Appellant :Mr. P. Ojha, Mr. Alok Singh and Mr. Suresh Kumar, Advocates.
For the Respondents:Ms. Rajdipa Behura, Advocate.

JUDGMENT :

Hima Kohli, J. (Oral):-

1. The present appeal has been filed by the appellant, a permanent resident of Mumbai, against an order dated 22.3.2006 passed by the Appellate Tribunal for Foreign Exchange (in short ‘the Tribunal’) in Appeal No. 134/1996, preferred by him against the order dated 27.2.1996 passed by the adjudicatory authority holding inter alia that the appellant had contravened the provisions of Section 8(1) of the Foreign Exchange Regulation Act, 1973 (in short ‘the FERA’) and imposing a penalty of Rs. 87,000/- on him.

2. At the outset, learned counsel for the respondents opposes the present appeal on twin grounds of maintainability, the first ground being that the present appeal has been filed beyond the prescribed period of limitation and the second ground is that this Court is not vested with the territorial jurisdiction to entertain the same.

3. For deciding the objection of limitation taken by the counsel for the respondents, as noted above, reference to some dates is considered relevant. The impugned order is dated 22.3.2006. Section 35 of the Foreign Exchange Management Act, 1999 (in short ‘FEMA’) provides for 60 days for filing an appeal in the High Court a












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