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2021 Supreme(Del) 290

NAVIN CHAWLA
J. P. Morgan India Private Limited – Appellant
Versus
Special Director, Directorate Of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Siddharth Agarwal, Sr. Adv. with Mrs.Pallavi Shroff, Mr.Nishant Joshi, Ms.Sowjhanya Shankaran, Mr.Kunal Singh, Ms.Nimrah Alvi, Ms.Nitika Khaitan, Advs.
For the Respondent: Mr.Sanjay Jain, Mr.Amit Mahajan, Ms.Mallika Hiremath, Adv.

JUDGMENT :

1. These petitions have been filed by the petitioner challenging the Show Cause Notice(s) dated 29.01.2020 and the consequent Order(s) dated 05.06.2020 and the Communication(s) dated 03.09.2020 of the respondent no. 1, proceeding with the inquiry against the petitioner under the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (hereinafter referred to as the ‘Adjudication Rules’) on the alleged violation of Section 6(6) of the Foreign Exchange Management Act, 1999 (hereinafter referred to as the ‘FEMA’) read with Regulation 3 of the Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2000 (hereinafter referred to as the ‘Place of Business Regulations’).

2. As the Show Cause Notice(s) and the Impugned Order(s)/Communication(s) are based on the same grounds for proceeding against the petitioner and the challenge thereto is common in both the petitions, the petitions are being adjudicated by way of this common judgment and order.

3. The petit

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