1. This is a remanded matter from the Hon'ble Calcutta High Court, titled as Raton Jasarasaria v. Dy. Director, Enforcement Directorate, Foreign Exchange Management Vide GA No.4129 of 2008, FEA No.28 of 2008, decided on 28.01.2010, wherein the Hon'ble Calcutta High Court had set aside the order of the Tribunal, dated 08.08.2008 pertaining to Appeal No.475 of 2003 and the entire matter was remanded for fresh hearing. The Hon'ble Calcutta High Court has also recorded that they have not observed anything on the merit of this case. The Tribunal was further directed to decide the matter within a period of Two months from the date of communication of this order. It is pertinent to mention that on 19.9.2013, when the above mentioned fact was brought to the notice of the present regular Bench for the first time, then the appellant through his counsel, the respondent through ALA & the registry of this Tribunal were directed to explain why delay occurred and compliance not made, regarding the disposal of the present Appeal No.475/2003, on the basis of the judgment of the Hon'ble Calcutta High Court.

2. It is also relevant to mention that this case was put up for hearing for the first time by the registry before the present Single Member Bench of Acting Chairperson on 24.07.2013 as both the regular members joined the Bench in the month of July, 2013.

The interim order of the Tribunal, dated 24.7.2013 runs as under.—

Ms. Smriti Pradhan, Legal Consultant appeared on behalf of Enforcement Directorate and she wants to seek advice in the matter from the Deptt. and also requested for further adjournment in the matter. On the other hand, a proxy counsel (Sh. S. K. Chauhan) appeared for the appellant on behalf of Sh. S.K. Mehta, Advocate. Request allowed and the matter is, therefore, adjourned to 19.9.2013 for the purpose already fixed.

Sd//-

(H K Mudgil)

Member

The interim order of the Tribunal, dated 19.9.2013 is as under—

Single Bench

Shri Ratan Jasarasaria

Versus

Enforcement Directorate

Shri B. Naveen Kumar, ALA along with Shri G.N. Ghosh, ALA & Ms. Smriti Pradhan, Legal Consultant appeared on behalf of Enforcement Directorate, while a proxy Counsel (Sh. S.K. Chauhan) appeared on behalf of Sh. S.K. Mehta, Ld. Counsel for the appellant. The proxy Counsel requests for adjournment in this matter as the main Counsel Sh. S K Mehta is not feeling well today. It is also pertinent to mention that the present case was put up for hearing for the first time on 24.07.2013 before the present Single Bench of Acting Chairperson, who joined the Bench as Acting Chairperson on 24.07.2013. On the request of both the parties, the case was adjourned to 19.09.2013. Written submissions on behalf of the appellant were received in the Registry by post on 19.07.2013 as it was reported by the Registrar, but the Written submissions on behalf of the appellant, pertaining to the present appeal are attached with the main file today itself.

Today, it also came to my notice for the first time that this is a remanded matter from the Hon'ble Calcutta High Court vide GA No. 4129 of 2008, FEA No. 28 of 2008, decided on 28.01.2010, titled as Ratan Jasarasaria v. Deputy Director, Enforcement Directorate, Foreign Exchange, Management & Anr, wherein the Hon'ble Calcutta High Court had set aside the order of the Tribunal, dated 08.08.2008 pertaining to Appeal No. 475 of 2003 and the entire matter was remanded for fresh hearing. The Tribunal was further directed to decide the matter within a period of two months from the date of communication of this order. But, the present Appeal could not be decided within a period of two months from the date of communication of this order as was directed by the Hon'ble Calcutta High Court in the case titled (supra).

Hence, the appellant through Counsel, the respondent through ALA as well as the Registry through