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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ruma Pal, J
Union of India v. Kiran Overseas Ltd. and Others
| Table of Content |
|---|
| 1. court considers the delay condonation under fema. (Para 1 , 1 , 2 , 3) |
| 2. arguments based on statutory interpretation regarding limitation. (Para 4 , 12) |
| 3. emphasis on strict statutory compliance without resorting to general provisions. (Para 10) |
| 4. final ruling on the lack of condonation authority. (Para 18) |
| 5. order dismissing the application for condonation. (Para 19) |
1. The Miscellaneous Petition is preferred seeking condonation of delay.
1.1. This petition has been filed on behalf of the Union of India, i.e., Revenue.
1.2. The petition accompanies an appeal preferred under S.35 of the Foreign Exchange Management Act, 1999 ( in short FEMA ).
1.3. The appeal is, presently, at the stage of registration, as the captioned petition is pending consideration of this Court.
2. Notice in this petition was issued on 12.01.2017. Pursuant to which, respondent Nos.1, 5 and 6 have filed their reply. The said respondents have taken an objection to the condonation of delay.
2.1. It is the stand of the respondents that, being a statutory appeal, which provides for a specific period of limitation, this Court would have no jurisdiction to condone the delay.
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