1. This order of the Appellate Tribunal for foreign Exchange is delivered by Dr. S.D. Singh, Member.

The aforesaid five appeals are appeals arising out of common order No. ADJ/08/B/SDE/RA/2010/FEMA/3350 dated 28-02-2011 passed by the Special Director, Enforcement Directorate, Mumbai imposing totalling penalty of Rs. 14 crores out of which Rs. 10 crores on M/s Avantha Holdings Ltd., (in short company), Rs. l crore on Shri S.K. Khandelwal, Full Time Director, Rs. 1 crore on Shri B. Hariharan, Director, Rs. l crore on Shri V.K. Sablok, Director and Rs. 1 crore on Shri Gautam Tapar, Chairman and Promoter of the Company. As per the impugned order the company has contravened the provisions of section 6 (3) (a) of the Foreign Exchange Management Act, 1999 (in short FEMA) read with regulations 6 (2) (ii) and 7 of Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulation, 2004. The aforesaid Directors and Chairman-cum-Promoter of the company are found in the impugned order to be responsible for the contravention by the company and as per impugned order they are guilty of the said contraventions by the company in terms of section 42 (1) of the FEMA. The Appellants/Applicants have filed applications for condonation of delay applications along with affidavits and affidavit of Shri V.K. Sablok, Director of the company verified on 6-6-2013 before the Notary Public, New Delhi (in short affidavit of Sablok dated 6.6.2013). We have heard the Ld. Counsel & ALA of the parties on applications for condonation of delay and perused the records.

2. Succinctly the facts needed for the disposal of the aforesaid condonation of delay applications are that the impugned order dated 28-2-2011 against which appeals have been filed was received by the appellants on 4-3-201l and the Appellants/Applicants have the right to prefer appeal under sub-section (1) read with sub-section (2) of section 19 of the FEMA within a period of 45 days from the date on which the copy of the impugned order is received by the appellants. The appeals have been filed in this Tribunal on the respective dates specified below:

It is apparent from the aforesaid chart that all the 5 appeals have been filed beyond the period of limitation as specified under sub-section (2) of section 19 of FEMA. Sub-section (2) of FEMA reads as under :—

"Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or the Special Director (Appeals) is received by the aggrieved person or by the Central Government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period".

The causes for filing the appeals beyond the period of limitations i.e. forty-five days from the dale on which a copy of the impugned order is received by the Appellants/Applicants has been explained in the affidavit of Sablok dated 6-6-2013.

In para 1 of the affidavit of Sablok dated 6-6-2013 it has been specified that the facts and circumstances of the orders of adjudication and reasons for delay are same in all these five appeals and it has been submitted that this Tribunal may rely upon this affidavit for condoning the delay in all these appeals.

In para 2 of the said affidavit of Sablok dated 6-6-2013 it has been mentioned that on 4-3-2011 the appellants received the impugned order and appeal was filed on 5-9- 2011. On the perusal of records