Issues: Whether the dismissal of the petitioner's appeals for non-compliance with the pre-deposit requirement under Section 19 of the Foreign Exchange Management Act, 1999 should be set aside and the appeals restored subject to deposit.

Analysis: The petitioner's advanced age and critical medical condition, including dementia, were not controverted. The petitioner expressed readiness to deposit the requisite pre-deposit of Rs. 7.5 lakhs, and the respondent raised no objection if the statutory pre-deposit was complied with. The appeals had been closed without consideration on merits solely for non-payment of the pre-deposit. In these circumstances, interference was warranted and restoration of the appeals with a time-bound deposit condition would serve the ends of justice.

Conclusion: The dismissal order was quashed and set aside, and the appeals were directed to be restored on payment of Rs. 7.5 lakhs within four weeks.

Ratio Decidendi: Where an appeal is dismissed only for non-compliance with a statutory pre-deposit and the appellant demonstrates readiness to comply, the dismissal can be interfered with and the appeal restored subject to deposit.

Issues: Whether the show-cause notice dated 11.09.2023 and the complaint initiated under Section 16(3) of the Foreign Exchange Management Act, 1999, could be sustained when they arose from the same cause of action already under challenge in a pending writ petition concerning proceedings under Section 37A of the Foreign Exchange Management Act, 1999 and were said to be affected by the subsisting status-quo order.

Analysis: The earlier writ petition had already questioned the legality of proceedings under Section 37A of the Foreign Exchange Management Act, 1999, and a status-quo order was stated to be operating. The impugned notice and complaint were found to be a continuation of the very same cause of action, only in a fresh form. Since the matter was already sub judice and protected by the existing interim order, continuation of the later proceedings was not permitted.

Conclusion: The impugned show-cause notice and complaint were quashed, and the proceedings could not be continued independently of the pending writ petition.

Issues: Whether the show cause notices issued under the repealed Foreign Exchange Regulation Act, 1973 by an officer appointed under the Foreign Exchange Management Act, 1999 were without jurisdiction for want of valid empowerment.

Analysis: The governing provisions concerning repeal and savings were examined together with the requirement under Section 50 of the Foreign Exchange Regulation Act, 1973 that an adjudicating officer must be specifically empowered by the Central Government. The prior Division Bench view on the very same officer was followed, holding that a deemed or general appointment under the Foreign Exchange Management Act, 1999 could not substitute the specific empowerment required to initiate proceedings under the repealed enactment. No distinguishing feature or stay of the earlier decision was shown.

Conclusion: The show cause notices were held to be without jurisdiction and liable to be quashed and set aside; the writ petition was allowed.

Issues: Whether the review applications disclosed any error apparent on the face of the record in the earlier writ order, and whether the petitioners could reopen the merits of the show cause notice notwithstanding the availability of statutory remedies under FEMA.

Analysis: The challenge in review was directed principally against the earlier dismissal of the writ petitions on the ground of alternative remedy. The grounds urged on delay in issuing the show cause notice, the applicability of precedent on reasonable time, the alleged pre-notification nature of the violation, the status of the FDI policy, and factual questions such as exit from the company or the definition of group company were all held to be matters going to the merits, which could be urged before the adjudicating authority. The earlier writ order had already considered the delay issue and had taken the view that reasonableness depended on the facts and circumstances and could be examined in the statutory adjudicatory process. The existence of further remedies under FEMA, including appeal and further appeal on questions of law, reinforced the limited scope of interference in review.

Conclusion: No error apparent on the face of the record was made out. The review applications were not maintainable as a vehicle for re-arguing the merits, and they were dismissed.

Issues: (i) Whether the writ petitions were maintainable against an Authorised Dealer Category-I Bank; (ii) whether the petitioner was liable to be non-suited for suppression of material facts; (iii) whether the bank had authority under the FEMA-RBI framework and the facility agreement to scrutinize sanctions-related concerns and refuse processing of the transactions; and (iv) whether the impugned refusal was arbitrary, irrational, mala fide or otherwise amenable to interference under Article 226.

Issue (i): Whether the writ petitions were maintainable against an Authorised Dealer Category-I Bank.

Analysis: The bank, though private, was acting in the capacity of an Authorised Dealer under the foreign exchange regulatory framework. The challenge was founded on arbitrariness in the exercise of a function having a public law element. Contractual relations did not, by themselves, exclude judicial review where the impugned action was tested on constitutional standards.

Conclusion: The writ petitions were maintainable.

Issue (ii): Whether the petitioner was liable to be non-suited for suppression of material facts.

Analysis: A litigant invoking writ jurisdiction must make full disclosure, but every omission or disputed factual assertion does not warrant rejection at the threshold. The alleged Iranian nexus was itself part of the substantive controversy and the materials relied upon by the bank were placed before the Court for scrutiny.

Conclusion: The petitioner was not to be non-suited on that ground.

Issue (iii): Whether the bank had authority under the FEMA-RBI framework and the facility agreement to scrutinize sanctions-related concerns and refuse processing of the transactions.

Analysis: Section 10(5) of the Foreign Exchange Management Act, 1999 obliges an authorised person to obtain declarations and information sufficient to satisfy itself that the transaction will not involve contravention or evasion of the Act or the directions issued thereunder. The facility agreement also contained continuing sanctions-compliance representations and expressly reserved a right in favour of the bank to refuse processing of transactions that violate or may violate sanctions obligations. On receipt of information raising serious concerns about the accuracy of the petitioner's declarations, the bank was entitled to undertake enhanced scrutiny and decline to proceed.

Conclusion: The bank possessed the requisite authority.

Issue (iv): Whether the impugned refusal was arbitrary, irrational, mala fide or otherwise amenable to interference under Article 226.

Analysis: The bank did not act mechanically. It sought clarifications, afforded opportunity to explain, undertook compliance review, and acted within the contractual and regulatory framework. No material was shown to establish mala fides, collateral purpose, procedural unfairness, or perversity in the decision-making process. The Court did not find it necessary to conclusively determine the underlying factual controversy regarding the origin and routing of the goods.

Conclusion: The impugned refusal did not suffer from arbitrariness, mala fides or procedural impropriety warranting interference.

Final Conclusion: The challenge failed on merits because the bank's decision was supported by the statutory duties of an authorised dealer and by the express sanctions-related terms of the parties' agreement, leaving no ground for writ interference.

Ratio Decidendi: An authorised dealer bank, when confronted with declarations and subsequent information raising sanctions-related compliance concerns, may lawfully undertake enhanced scrutiny and refuse to process the transaction if the declarations are not satisfactorily reinforced, especially where the underlying contract expressly reserves such a right.

Issues: Whether the respondents satisfied the definition of "person resident in India" under Section 2(v) of the Foreign Exchange Management Act, 1999, and whether the impugned transactions for purchase of immovable property and receipt of funds attracted the FEMA regulations and penalties.

Analysis: The respondents had stayed in India for more than 182 days during the preceding financial year, had entered India on a business visa, carried on business in India, had sought and obtained RBI clarification, and had routed the purchase consideration and inward remittances through banking channels supported by FIRC certificates. On these facts, the statutory exceptions to Section 2(v) were not attracted. The applicable investment, capital account, immovable property, and establishment regulations under FEMA were therefore inapplicable, and no perversity or legal error in the Tribunal's appreciation of evidence was shown.

Conclusion: The respondents were correctly held to be persons resident in India, the violations of FEMA were not established, and the order setting aside confiscation and penalty was rightly upheld. The appeal failed, and the connected writ petition became infructuous.

Issues: (i) Whether a civil suit seeking declaration that a sale deed is null and void on the ground of violation of the Foreign Exchange Management Act, 1999 is barred by the exclusion of civil court jurisdiction under the Act. (ii) Whether a sale of agricultural property in favour of a non-resident Indian, said to be in contravention of the Foreign Exchange Management Act, 1999 and the allied regulations, is void by reason of Section 23 of the Indian Contract Act, 1872 and Section 6(h) of the Transfer of Property Act, 1882.

Issue (i): Whether a civil suit seeking declaration that a sale deed is null and void on the ground of violation of the Foreign Exchange Management Act, 1999 is barred by the exclusion of civil court jurisdiction under the Act.

Analysis: Section 34 of the Foreign Exchange Management Act, 1999 expressly excludes the jurisdiction of the civil court in respect of matters that the adjudicating authority, appellate tribunal or special director (appeals) is empowered to determine. The dispute regarding alleged contravention of FEMA was already taken up before the statutory authorities, which imposed penalty. The declaration sought before the civil court was not independent of the FEMA issue but was consequential to it, and therefore the civil suit could not be sustained on that aspect.

Conclusion: The issue is answered in favour of the appellants and against the respondent.

Issue (ii): Whether a sale of agricultural property in favour of a non-resident Indian, said to be in contravention of the Foreign Exchange Management Act, 1999 and the allied regulations, is void by reason of Section 23 of the Indian Contract Act, 1872 and Section 6(h) of the Transfer of Property Act, 1882.

Analysis: A contravention of FEMA does not, by itself, render the transaction void. The statutory scheme under FEMA provides for adjudication, penalty and, where warranted, confiscation, and the authorities in the present case chose to impose penalty without confiscating the property. Regulation 3(b) of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000 also indicates that transfer of immovable property to a person resident in India is not prohibited in the manner contended. The transaction therefore could not be treated as forbidden by law so as to fall within Section 23 of the Indian Contract Act, 1872 or Section 6(h) of the Transfer of Property Act, 1882.

Conclusion: The issue is answered in favour of the appellants and against the respondent.

Final Conclusion: The decree for partition was sustained in respect of the ancestral properties, but the declaration and consequential reliefs relating to the separate properties dealt with in the impugned sale transaction were set aside.

Ratio Decidendi: A contravention of FEMA does not ipso facto make a transaction void, and where the statute provides a self-contained adjudicatory mechanism with penalties, the civil court cannot declare such transaction void on the basis of the alleged FEMA violation.

Issues: Whether receipt of an amount in Indian rupees from an NRE account, on the facts of the case, constituted contravention of section 8(1) or section 8(2) of the Foreign Exchange Regulation Act, 1973.

Analysis: The statutory scheme of section 2(h) of the Foreign Exchange Regulation Act, 1973 shows that foreign exchange includes foreign currency and certain instruments or balances linked to foreign currency, but the operative feature remains the existence of foreign exchange as such. Section 8(1) prohibits dealing in foreign exchange by purchase, acquisition, transfer, lending or exchange, save with permission, while the Explanation deems lending where foreign exchange is deposited with another person or an account in foreign exchange is opened with another person. On the admitted facts, the appellant received only a cheque in Indian currency, and there was no allegation that he dealt in foreign exchange, acquired foreign currency, or received money in a foreign currency instrument. The Explanation could not be expanded to cover a mere receipt of Indian rupees from an NRE account. Section 8(2) also had no application because there was no transaction of conversion of Indian currency into foreign currency or vice versa at an unauthorised rate.

Conclusion: Receipt of Indian rupees from the NRE account did not amount to contravention of section 8(1) or section 8(2) of the Foreign Exchange Regulation Act, 1973, and the penalty was unsustainable.

Ratio Decidendi: A receipt of Indian rupees from an NRE account, without proof of dealing in foreign exchange or of an unauthorised conversion transaction, does not attract sections 8(1) or 8(2) of the Foreign Exchange Regulation Act, 1973.

Issues: (i) Whether contravention of Regulation 5(1)(iv) of the Foreign Exchange Management (Deposit) Regulations, 2000 could sustain penalty against the account holders, notwithstanding that the provision also regulated the authorised dealer and had been omitted later; (ii) Whether confiscation of the amounts lying in the NRNR accounts could be sustained without recorded reasons.

Issue (i): Whether contravention of Regulation 5(1)(iv) of the Foreign Exchange Management (Deposit) Regulations, 2000 could sustain penalty against the account holders, notwithstanding that the provision also regulated the authorised dealer and had been omitted later.

Analysis: Regulation 5(1)(iv), read with Schedule 4, permitted NRNR accounts to be opened only by persons resident outside India and out of funds remitted from outside India through normal banking channels. The obligation was not confined to the authorised dealer alone; the account holder was also bound by the regulatory scheme. Contravention therefore attracted liability under Section 13(1) of the Foreign Exchange Management Act, 1999. The later omission of Regulation 5(1)(iv) did not erase prior violations or prevent proceedings in respect of conduct committed when the regulation was in force. The effect of omission was only prospective and did not nullify accrued liability.

Conclusion: The challenge to the penalty failed. The penalty against the assessees was sustained.

Issue (ii): Whether confiscation of the amounts lying in the NRNR accounts could be sustained without recorded reasons.

Analysis: Confiscation under Section 13(2) of the Foreign Exchange Management Act, 1999 is discretionary and quasi-judicial in nature. The authority must record reasons showing why penalty alone is insufficient and why confiscation is warranted on the facts. Here, neither the Adjudicating Authority nor the Appellate Tribunal gave reasons for confiscating the amounts in the accounts, and the record showed that the loan transaction had been repaid through maturity proceeds with no loss of foreign exchange. A non-speaking confiscatory order could not stand. In view of the long lapse of time, remand was declined.

Conclusion: The confiscation directions were set aside.

Final Conclusion: The regulatory violation and consequent penalty were upheld, but the confiscation of the amounts in the NRNR accounts was annulled for want of reasons.

Ratio Decidendi: A provision omitted from a fiscal or regulatory regime does not obliterate liability incurred for its breach while it was in force, and discretionary confiscation affecting property must rest on recorded reasons demonstrating why penalty alone is inadequate.

Issues: Whether the Appellate Tribunal's order directing partial pre-deposit of penalty under the Foreign Exchange Management Act, 1999 called for interference, and whether the pre-deposit condition required modification.

Analysis: The second proviso to Section 19 permits dispensation of penalty pre-deposit only in a particular case where undue hardship is shown, subject to conditions the Appellate Tribunal considers fit. The record showed that the Tribunal had already exercised that discretion and granted substantial relief by reducing the deposit requirement to 10% of the penalty. The challenge to the petitioners' prima facie case was not sufficient to dislodge the Tribunal's assessment, and the scope of interference under Article 227 remained narrow. At the same time, the Court found no infirmity in the Tribunal's exercise of discretion, but considered it appropriate in the interests of justice to further reduce the deposit requirement.

Conclusion: The Tribunal's order was sustained in principle, but the pre-deposit condition was modified from 10% to 5% of the penalty amount, with the balance to be secured by bank guarantee or surety to the satisfaction of the Appellate Tribunal.

Issues: Whether the show-cause notices and the consequent proceedings under the foreign exchange law were liable to be quashed on the ground of inordinate delay, having regard to the period of the transactions, the date of issuance of notices, and the applicable record-preservation rules.

Analysis: The appeals concerned transactions that had occurred years before the show-cause notices were issued, and the notices were served close to the expiry of the sunset period. The governing principle applied was that where no express limitation period is prescribed, proceedings must still be initiated within a reasonable period, the reasonableness of which depends on the facts of each case. The record-preservation framework for banks required preservation only for specified periods, unless a longer period had been directed by the Reserve Bank of India, and no such direction was shown. The gap between the transactions, the initiation of inquiry, and the issuance of the notices was treated as excessive and unfair in the circumstances.

Conclusion: The show-cause notices and the proceedings founded on them were liable to be quashed for delay, and the impugned orders of the Appellate Tribunal could not stand.

Ratio Decidendi: Even where the statute does not prescribe a limitation period, proceedings must be initiated within a reasonable time, and a notice issued after the legally relevant record-preservation period and close to the expiry of the enforcement regime may be struck down as delayed and unreasonable.

Issues: (i) Whether a foreign decree passed by a superior court of a reciprocating territory was executable in India under Section 44A of the Code of Civil Procedure, 1908. (ii) Whether the decree was unenforceable on the ground that the monetary awards for early redemption amount, interest and damages violated FEMA and RBI directions, attracting the exceptions in Section 13(c) and Section 13(f) of the Code of Civil Procedure, 1908.

Issue (i): Whether a foreign decree passed by a superior court of a reciprocating territory was executable in India under Section 44A of the Code of Civil Procedure, 1908.

Analysis: The United Kingdom was treated as a reciprocating territory and the English court as a superior court for the purpose of Section 44A. The decree was final under English law and fell within the statutory mechanism for execution of decrees of reciprocating foreign courts. The objections did not displace the statutory basis for execution.

Conclusion: The foreign decree was held executable under Section 44A of the Code of Civil Procedure, 1908.

Issue (ii): Whether the decree was unenforceable on the ground that the monetary awards for early redemption amount, interest and damages violated FEMA and RBI directions, attracting the exceptions in Section 13(c) and Section 13(f) of the Code of Civil Procedure, 1908.

Analysis: The Court held that the alleged FEMA breach did not make the foreign decree unenforceable. The RBI's stand clarified that payment of the early redemption amount and related sums could be remitted subject to the extant framework, and that damages for breach of contract were not controlled by the ECB ceiling in the manner contended by the judgment debtor. The award of interest at 7.95% was also found to remain within the contractual and regulatory cap. The objections based on absence of a registered account were rejected after RBI clarified that remittance to the disclosed Euro account was not barred.

Conclusion: The decree was not hit by the exceptions in Section 13(c) or Section 13(f) of the Code of Civil Procedure, 1908, and the FEMA objections were rejected.

Final Conclusion: The execution petition succeeded, the foreign decree was ordered to be enforced, the objections were dismissed with costs, and the decretal amounts were directed to be remitted to the specified account.

Ratio Decidendi: A foreign decree of a reciprocating superior court remains executable in India unless it squarely falls within Section 13 of the Code of Civil Procedure, 1908, and alleged FEMA or RBI guideline violations do not by themselves defeat execution where the awarded sums are legally remittable and the decree is otherwise valid.

Issues: Whether the appeal was not maintainable in view of the monetary limit prescribed by the governing circular, and whether any substantial question of law arose from the Tribunal's order.

Analysis: The appeal was examined against the prescribed monetary threshold and the amount involved was found to be below that limit. The Court also found that the Tribunal's order did not give rise to any substantial question of law warranting interference.

Conclusion: The appeal was not entertained on merits and was dismissed.

Issues: (i) whether the foreign arbitral award, once held enforceable, could be executed by the executing court despite objections based on FEMA, RBI approval, valuation, and alleged distinction between enforceability and executability; (ii) whether the executing court could grant consequential reliefs including transfer of shares, appointment of nominee directors, injunctions, partial execution against remaining respondents, and set-off of costs.

Issue (i): Whether the foreign arbitral award, once held enforceable, could be executed by the executing court despite objections based on FEMA, RBI approval, valuation, and alleged distinction between enforceability and executability?

Analysis: A foreign award that has been found enforceable under the Arbitration and Conciliation Act, 1996 is to be treated as a decree and may be executed in the same proceeding. The distinction sought to be drawn between enforceability and executability was rejected. The executing court cannot reopen objections that were already rejected in enforcement proceedings, especially where the Supreme Court has held that FEMA violations, if any, do not render the award void and that post-facto RBI permission may be available. The objections on valuation and pricing guidelines were also held to be matters already concluded and incapable of being re-agitated in execution.

Conclusion: The objections to executability were rejected, and the award was held executable.

Issue (ii): Whether the executing court could grant consequential reliefs including transfer of shares, appointment of nominee directors, injunctions, partial execution against remaining respondents, and set-off of costs?

Analysis: The residual power under the Code of Civil Procedure, 1908 permits the court to adopt execution machinery necessary to give effect to the relief granted by the award. The reliefs directing transfer of shares and steps necessary for implementation were treated as severable and capable of partial execution against the remaining respondents after deletion of some parties. The court also held that the directions for appointment of nominee directors and interim injunctions were consequential to the award and within execution powers. The request to rely on RBI correspondence to postpone execution was rejected, and the set-off of arbitral costs against the transfer price was allowed.

Conclusion: The consequential reliefs were granted, including transfer of shares, appointment of nominee directors, injunctions, partial execution, and set-off.

Final Conclusion: The execution application succeeded in substance, with the award enforced and the connected interim and ancillary reliefs granted to facilitate implementation of the award.

Ratio Decidendi: Once a foreign arbitral award is held enforceable and deemed a decree, the executing court must give effect to it in execution and cannot reopen merits-based objections already rejected in enforcement proceedings, unless the decree is a nullity on the face of the record; consequential and severable reliefs necessary to implement the award may also be granted in execution.

Issues: Whether the decision on the additional issue under Section 31 of the Foreign Exchange Regulation Act, 1973 was confined to that issue and would not prejudice adjudication of the remaining issues in the suit.

Analysis: The appeal arose from a suit in which four original issues remained pending, while an additional issue on the statutory bar under Section 31 of the Foreign Exchange Regulation Act, 1973 had already been decided. Since the additional issue overlapped only to a limited extent with one of the original issues, there was a real apprehension that the earlier finding might be treated as having wider consequences. To avoid any prejudice, the decision was expressly confined to the additional issue alone and the remaining issues, including the enforceability and validity of the agreement and other statutory objections, were kept open for determination at trial.

Conclusion: The decision on the additional issue was held to be issue-specific and not to operate as a bar or prejudice the adjudication of the remaining issues in the suit.

Final Conclusion: The clarification protected the pending trial from any unintended preclusive effect and preserved the parties' rights on all issues other than the additional issue already decided.

Issues: (i) Whether the Appellate Tribunal, after recording 'undue hardship' and 'poor financial condition', committed a jurisdictional error by treating the 10% limit in the Third Proviso to Section 19(1) of FEMA as a mandatory minimum deposit, thereby rendering the statutory right of appeal illusory.

Analysis: The Tribunal's factual finding of indigence engages the Second Proviso to Section 19(1), which permits the Tribunal to dispense with the deposit where it would cause undue hardship and to impose such conditions as it deems fit to safeguard realisation of penalty. The Third Proviso sets a ceiling (maximum) of ten per cent of the penalty and is not a mandatory floor. Where an appellant is found to be indigent or to be in poor financial condition, the Tribunal must meaningfully exercise its discretion and may adopt alternative mechanisms (for example, indemnity bonds or guarantees) rather than insist on an impossible cash pre-deposit. Treating the 10% cap as a compulsory minimum in the face of an undue hardship finding produces an internal contradiction that undermines the statutory appellate remedy.

Conclusion: The Tribunal committed a jurisdictional error by treating the 10% limit as a mandatory minimum deposit in spite of a finding of undue hardship; this conclusion is in favour of the appellant.

Issues: (i) Whether the Appellate Tribunal was justified in dismissing the appeals for non-compliance with the 10% pre-deposit condition under Section 19(1) of FEMA, notwithstanding the appellants' plea of financial incapacity and a communication breakdown with counsel.

Analysis: The statutory framework of Section 19(1) contains a proviso permitting the Tribunal to dispense with or modify the deposit requirement if deposit would cause "undue hardship". Undue hardship is a jurisdictional fact requiring assessment of the appellant's financial burden together with prima facie merits. A tribunal must balance the necessity to safeguard realization of penalty against the risk of rendering the statutory right of appeal illusory. Where a party alleges insolvency or that the pre-deposit would imperil its existence as a going concern, the tribunal should inquire into the proportionality of the deposit and the merits rather than dismissing the appeal purely on technical non-compliance. Additionally, a temporary communication breakdown with counsel should not automatically result in loss of the right to be heard.

Conclusion: The dismissal for non-compliance with the 10% pre-deposit condition was unjustified. The pre-deposit requirement is modified to specified fixed sums and the appeals are restored for merit hearing upon compliance; the appellants therefore succeed on the limited challenge to the dismissal.

Issues: (i) whether the petition for enforcement of the foreign awards was barred by limitation and whether the earlier limitation order operated as res judicata; (ii) whether enforcement of the foreign awards could be refused as being contrary to the public policy of India; (iii) whether the appeal was maintainable against the 2nd, 3rd and 4th respondents; and (iv) whether the 2nd, 3rd and 4th respondents could be impleaded and whether execution could be levied against them.

Issue (i): whether the petition for enforcement of the foreign awards was barred by limitation and whether the earlier limitation order operated as res judicata.

Analysis: The earlier order on limitation had attained finality after dismissal of the challenge before the Supreme Court. The limitation question was directly and substantially in issue in the earlier stage of the same proceedings. The finding that the petition was within time was not a mere incidental observation but a reasoned determination based on law and facts. Subsequent overruling of certain legal propositions in other cases did not convert that inter partes decision into a nullity. The limitation ruling also involved a mixed question of law and fact, not a pure jurisdictional question of the kind that would exclude res judicata.

Conclusion: The limitation objection was rejected. The petition was held to be within limitation and the earlier decision operated as res judicata.

Issue (ii): whether enforcement of the foreign awards could be refused as being contrary to the public policy of India.

Analysis: The public policy defence under Section 48 had to be construed narrowly. A mere alleged breach of FEMA, or alleged non-consideration of belated expert evidence, did not justify refusal of enforcement where the underlying transaction had been restructured and the arbitral findings could not be re-opened on merits. The record did not show a prohibition rendering the agreement void in the manner contemplated by the authorities relied on by the respondents. The objections relied upon were, in substance, attempts at a merit-based review, which is impermissible in enforcement proceedings for foreign awards.

Conclusion: Enforcement could not be refused on public policy grounds. The objection was rejected.

Issue (iii): whether the appeal was maintainable against the 2nd, 3rd and 4th respondents.

Analysis: A composite petition seeking recognition, enforcement and execution of a foreign award is maintainable. An appeal under Section 50 cannot be read in a truncated manner so as to permit challenge to refusal of enforcement but deny challenge to the consequential refusal to execute the award. Such a reading would fragment a single composite adjudication and undermine the statutory pro-enforcement scheme.

Conclusion: The appeal was held maintainable against all the respondents.

Issue (iv): whether the 2nd, 3rd and 4th respondents could be impleaded and whether execution could be levied against them.

Analysis: The diversion of the award debtor's assets to associated companies during the arbitral process, while control remained with the same corporate group, justified lifting the corporate veil to the limited extent necessary to protect execution. The 2nd and 3rd respondents could therefore be proceeded against only in relation to the award debtor's assets diverted to them. The 4th respondent could be impleaded as a proper party on the facts, but no asset of the award debtor had been shown to have been diverted to it, so no execution could lie against it or its assets.

Conclusion: The impleadment was upheld. Execution was permitted against the award debtor and against the diverted assets in the hands of the 2nd and 3rd respondents, but not against the 4th respondent independently.

Final Conclusion: The impugned decision was modified. The foreign awards were held enforceable, the limitation and public policy objections failed, the appeal was maintainable against all respondents, and execution was permitted only to the extent of the award debtor's assets diverted to the 2nd and 3rd respondents.

Ratio Decidendi: A final inter partes determination on limitation in the same proceedings binds the parties at later stages by res judicata, and in enforcement of foreign awards, the public policy defence cannot be used to reopen the merits or to defeat execution through corporate restructuring that merely places the award debtor's assets beyond reach.

Issues: Whether the writ petition could be maintained to reopen an issue already adjudicated in the civil suit and the related appeals, or whether such challenge was barred by finality and constructive res judicata.

Analysis: The dispute regarding compliance with the foreign exchange regime and the effect of the RBI permission had already been framed as an additional issue in the civil proceedings and was decided on merits. The resulting decree was carried in appeal, and the appellate court also examined the same issue and recorded findings that the transaction fell within the general permission under the RBI notification and complied with the statutory framework under FERA. In these circumstances, the same controversy could not be re-agitated in writ proceedings under Article 226 of the Constitution of India. The Court also held that failure to effectively contest the issue in the proper forum did not create a fresh right to reopen it later.

Conclusion: The writ challenge was not maintainable to the extent it sought reopening of an issue already finally decided, and the appeal was liable to be dismissed.

Issues: (i) Whether the sole remaining shareholder could continue the writ petition after the company withdrew from the proceeding; (ii) whether the RBI's permission for allotment of shares against imported second-hand equipment on non-repatriation basis was illegal or contrary to the applicable policy and statutory framework; (iii) whether the challenge was barred by res judicata or issue estoppel in view of the earlier company law proceedings.

Issue (i): Whether the sole remaining shareholder could continue the writ petition after the company withdrew from the proceeding.

Analysis: The dispute concerned an RBI permission that directly affected the shareholding pattern and control of the company. The withdrawal by the company did not, by itself, extinguish the individual grievance of the shareholder, where the impugned decision was said to cause distinct injury to his proprietary and corporate interest. Judicial review under Article 226 is available in appropriate cases where statutory action affects individual rights, even if the company is also affected.

Conclusion: The shareholder was held entitled to maintain the writ petition in his individual capacity.

Issue (ii): Whether the RBI's permission for allotment of shares against imported second-hand equipment on non-repatriation basis was illegal or contrary to the applicable policy and statutory framework.

Analysis: The RBI acted under its statutory power under FERA and relied on the Government's policy directive that direct payment by an NRI against import of second-hand capital goods supported only non-repatriable investment. The Court held that the SIA approval and foreign investment policy did not govern the changed mode of investment adopted in the transaction. The decision was taken on relevant material, after hearing the parties, and no perversity, lack of jurisdiction, or violation of natural justice was established. In judicial review, the Court would not sit in appeal over a reasoned statutory decision taken within jurisdiction.

Conclusion: The RBI permission was upheld and the challenge to it was rejected.

Issue (iii): Whether the challenge was barred by res judicata or issue estoppel in view of the earlier company law proceedings.

Analysis: The earlier company law proceedings did not adjudicate the validity of the specific RBI permission for issuance of 30,55,329 shares against the imported equipment. The pending writ petition had been expressly noticed in the earlier proceedings, and no final finding on the impugned RBI permission had been rendered there. Therefore, the necessary elements of res judicata or issue estoppel were absent.

Conclusion: The objection based on res judicata or issue estoppel was rejected.

Final Conclusion: The intra-court appeal failed, the judgment under challenge was affirmed, and the writ petition challenge to the RBI permission did not succeed.

Ratio Decidendi: A shareholder may maintain a writ petition where a statutory order directly affects his individual rights and the company's control structure, but the Court will not interfere with a reasoned statutory permission granted within jurisdiction and in accordance with the applicable policy, absent perversity, mala fide, or violation of natural justice.