Bombay High Court
Jai Kumar Jain vs Union Of India And Ors on 8 July, 2022
Bench: K. R. Shriram, Milind N. Jadhav
221. os wp 387-08.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 387 OF 2008
Jai Kumar Jain .. Petitioner
Versus
Union of India & Ors. .. Respondents
....................
Ms. Taniya D'souza i/by Nankani & Associates for Petitioner
None present for Respondents
...................
CORAM : K. R. SHRIRAM &
MILIND N. JADHAV, JJ.
DATE : JULY 08, 2022
P.C.:
1. Appellant is impugning orders dated 18.09.2007 & 30.11.2007 passed by respondent no.2. At the time the impugned orders came to be passed, Ms. D'Souza states and as referred in the impugned order, there was a judgment of this Court in the matter of Premier Ltd. V/s. Union of India and Ors. by which the Court had held that the jurisdiction to hear would lie with the Special Director (Appeals) in terms of Section 17(2) of FEMA, 1999. Therefore, the submissions as recorded in the impugned orders came to be made which the Tribunal rejected. The Tribunal held that an application for transfer to the newly constituted authority cannot be entertained and, therefore, the appeal itself was dismissed.
2. Ms. D'Souza states that subsequently the Apex Court in the 1 of 2
221. os wp 387-08.doc matter of Union of India and Ors. V/s. Premier Ltd.1 overruled the judgment of this Court and held that respondent no.2 would have jurisdiction. Ms. D'Souza requests that in view of the subsequent development, this Court may remand the matter to respondent no.2 to decide the appeal on merits. Respondents have not filed any reply. Moreover, in our view, we can and we should grant the request made by Mr. D'Souza.
3. Accordingly, the impugned orders dated 18.09.2007 & 30.11.2007 are hereby quashed and set aside. The matter is remanded to the Appellate Tribunal For Foreign Exchange to rehear the Appeal No. 546 of 2000 denovo on merits and dispose the appeal in accordance with law.
4. We clarify that we have not made any observation on the merits of the matter.
5. Petition disposed.
[ MILIND N. JADHAV, J. ] [ K. R. SHRIRAM, J.]
Digitally signed
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2022.07.11
18:01:47 +0530
1 . (2019) SCC Online SC 95
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