Bombay High Court
Directorate Of Enforcement, Ministry ... vs Mr. Lalit Kumar Modi Through M/S. Wadia ... on 5 September, 2019
Bench: M.S. Sanklecha, Nitin Jamdar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1 OF 2019
IN
FEMA APPEAL NO. 2 OF 2019
Directorate of Enforcement. ... Appellant
V/s.
Board of Control for Cricket in India ... Respondent
WITH
CIVIL APPLICATION NO. 2 OF 2019
IN
FEMA APPEAL NO. 3 OF 2019
Directorate of Enforcement. ... Appellant
V/s.
Mr. N. Srinivasan. ... Respondent
WITH
CIVIL APPLICATION NO. 3 OF 2019
IN
FEMA APPEAL NO. 4 OF 2019
Directorate of Enforcement. ... Appellant
V/s.
M.P. Pandove. ... Respondent
WITH
CIVIL APPLICATION NO. 4 OF 2019
IN
FEMA APPEAL NO. 5 OF 2019
WITH
CIVIL APPLICATION NO. 5 OF 2019
IN
FEMA APPEAL NO. 6 OF 2019
WITH
CIVIL APPLICATION NO. 6 OF 2019
IN
FEMA APPEAL NO. 7 OF 2019
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WITH
CIVIL APPLICATION NO. 7 OF 2019
IN
FEMA APPEAL NO. 8 OF 2019
WITH
CIVIL APPLICATION NO. 8 OF 2019
IN
FEMA APPEAL NO. 9 OF 2019
WITH
CIVIL APPLICATION NO. 9 OF 2019
IN
FEMA APPEAL NO. 10 OF 2019
Directorate of Enforcement. ... Appellant
V/s.
Mr. Lalit Kumar Modi. ... Respondent
Mr.Sandesh D. Patil with Mr.Chintan Y. Shah, Ms.Anusha P. Amin,
Mr.Prithviraj Sanjay Gole, Mr.Kiran B. Bhagat and Ms.Divya A.
Pawar-Patil for the Applicant in all applications.
Mr.Anjan Chanda, Assistant Director, ED is present.
FEMA APPEAL NO. 2/2019:
Mr.Pradeep Sancheti, Senior Advocate with Mr.Pulkit Sharma,
Ms.Gathi Prakash and Mr.Kartik Prasad i/b. Cyril Amarchand
Mangaldas for the Respondent.
FEMA APPEAL NO.3/2019:
Mr.I.J.Nankarni with Ms.T.D.D'Souza with Mr.Jainish Jain i/b.
L.J.Law for the Respondent.
FEMA APPEAL NO.3/2019:
Mr.Sumit Rai with Mr.Murari Madekar i/b. M/s.Madekar & Co.
for the Respondent.
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FEMA APPEAL NOS.5/2019 TO 10/2019:
Mr.Swadeep Hora with Mr.Abhishek Singh, Mr.Gaurav Gopal and
Ms.Naveli Reshamwalla i/b. Wadia Ghandy & Co. for the
Respondent.
CORAM : M.S. SANKLECHA AND
NITIN JAMDAR, JJ.
DATE : 5 September 2019. P.C. :
In all these appeals, civil applications have been filed by the Appellant praying for following reliefs:
(a) Pending the hearing and final disposal of the captioned FEMA Appeal this Hon'ble Court may be pleased to stay the operation of the Order dated 17.05.2019 (impugned order") passed by the Appellate Tribunal, Foreign Exchange Management Act, 1999, at New Delhi ("Tribunal) in Appeal no.EE-61/MUM/2018 [Order attached with this appeal as "Exhibit A"] .
(b) Pending the hearing and final disposal of the captioned FEMA Appeal this Hon'ble Court may be pleased to direct the respondent to comply with the order passed by the adjudicating authority bearing its no. adjudication order No. Adj/04-15/B/SDE(VA)/WR/2018/FEMA dated 31/05/2018 annexed at "Exhibit C" to this petition.
(c) Pending the hearing and final disposal of the captioned FEMA Appeal all further proceedings in Appeal no.
FPA-FE-61/MUM/2018 pending before the learned Appellate Tribunal, Foreign Exchange Management Act, 1999, at New Delhi ("Tribunal") be stayed/suspended."
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2. Prayers (a) and (c) are seeking stay of the impugned order and further proceedings of the appeals before the Tribunal. We are not inclined to grant these prayers in view of the peculiar facts and circumstances of the case i.e. appeals before the Tribunal fixed for final hearing on 9 September 2019 i.e. on Monday. We are informed that the pleadings are complete in the appeals and all the Respondents are ready to go on with the appeals. We are also informed that the Chairman of the Tribunal who passed the detailed impugned order running in 84 pages, who is obviously aware of the factual backdrop, is due to retire shortly.
3. As far as prayer clause (b) seeking direction to deposit entire amount is concerned, this would require final hearing of the present appeals. We cannot direct deposit of the entire amount at the interim stage which would be amounting to allowing of appeals.
4. The civil applications are dismissed.
NITIN JAMDAR, J. M.S. SANKLECHA, J.
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