Delhi High Court - Orders
Christian Educational Society vs Union Of India & Anr on 12 May, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5215/2021 & CM APPL. 16004/2021
CHRISTIAN EDUCATIONAL SOCIETY ..... Petitioner
Through: Mr. Abishek Jebaraj, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Syed Hussain, Mr. Adil Taqvi, GP for
UOI. (M:9891088658)
Mr. Rajiv Kapur and Mr. Akshit
Kapur, Advocates for R-2/SBI.
(M:9716076533)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.05.2021
1. This hearing has been done through video conferencing.
2. The Petitioner, in the present petition, prays for extension of time, for opening of a bank account in the State Bank of India (hereinafter 'SBI'), New Delhi, under the Foreign Contribution Regulation Act, 2010 (hereinafter 'FCR Act'), pursuant to the notice dated 13th October, 2020, issued by the FCRA wing, Ministry of Home Affairs, Union of India, bearing F.No.II/21022/23(35)/2019-FCRA-III. The Petitioner is a Non- Governmental Organisation, which has its FCRA bank account in the State Bank of India, Yerragondapalem Mandal Branch, Andhra Pradesh, Prakasam/Ongole, 523327.
3. The case of the Petitioner is that in terms of the amendments to Section 17 of the FCR Act, the Petitioner wanted to open its FCRA bank W.P.(C) 5215/2021 Page 1 of 3 account in SBI, New Delhi. The last date as per the notification dated 13 th October, 2020 for submitting the application, qua the same was 1 st April, 2021. The Petitioner is stated to have submitted its documents to the SBI, New Delhi on 25th March, 2021. Thereafter, certain defects were raised in respect of the application. The same were communicated to the Petitioner on 27th March, 2021 and on 8th April, 2021. Thereafter, it is submitted, that the Petitioner's representative located in Delhi, has submitted all hard copies of the documents that are required for the said application and to open the FCRA Account in SBI, Delhi. However, owing to the pandemic situation, there has been some delay in the said submission of documents, and possibly even in the processing of the same by the SBI. Accordingly the Petitioner prays for an extension for opening of the said FCRA account beyond 31 st March 2021 and for permission to accept contributions from abroad, subject to the approval of MHA.
4. Vide order dated 7th May 2021, this court had issued notice to the Respondent. Ld. Counsel for the Respondent had sought time to seek instructions in the matter. Notice was also issued to the SBI, on the issue as to whether the bank account in Delhi could be made functional at this stage, to enable the Petitioner to receive funds from abroad.
5. Further to the last order, Mr. Akshit Kapur, ld. Counsel, appearing for the State Bank of India, Sansad Marg, New Delhi, today, informs this Court that the account of the Petitioner has been opened in the New Delhi Branch, and a confirmation to that effect, has been issued on 10th May, 2021.
6. Insofar the Ministry of Home Affairs is concerned, Ms. Nidhi Raman, ld. Counsel submits that the Petitioner shall now have to submit the form FC6C, which has to be duly completed. Upon the said form being W.P.(C) 5215/2021 Page 2 of 3 submitted, the same shall be processed and the approval shall be granted to the Petitioner within one day.
7. Ld. counsel for the Petitioner submits that the Petitioner would endeavour to file the said form on or before 17th May, 2021. It is directed that if the completed form is submitted by 17th May, 2021, the approval shall be processed and granted, as assured to this Court, latest by 19th May, 2021.
8. List on 20th May, 2021 for reporting compliance.
9. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
MAY 12, 2021/dk/Ak W.P.(C) 5215/2021 Page 3 of 3