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of <h1>Court Allows Delay Due to Health, Emphasizes Natural Justice Principles</h1> The court condoned the delay in filing the appeal by a 91-year-old individual due to health reasons, requiring a deposit of Rs. 5,000. The High Court ... Penalty imposed under FEMA for contravention of the provisions of Section 9(1)(b) and Section 72(i)(c) of Foreign Exchange Regulation Act, 1973 - Single Judge declined to entertain the writ petition on the ground that an alternative efficacious remedy of appeal is available against the impugned order - Held that:- Having regard to the specific case of the writ petitioner/appellant herein that the impugned order was in violation of the principles of natural justice, in our considered view dismissal of the writ petition at the threshold solely on the ground of availability of alternative remedy is not warranted. Accordingly, the order under appeal is set aside and the writ petition is restored to file for consideration afresh in the light of the observations made above. Issues:1. Condonation of delay in filing appeal.2. Jurisdiction of High Court to entertain writ petition despite alternative remedy of appeal available.3. Violation of principles of natural justice in imposing penalty under Foreign Exchange Management Act.Condonation of Delay in Filing Appeal:The appellant, a 91-year-old individual suffering from health ailments, filed an application to condone a delay of about 200 days in filing an appeal. The court observed the appellant's advanced age and health conditions, finding them justifiable reasons for the delay. The court decided to condone the delay on the condition that the appellant deposit a sum of Rs. 5,000 to the Delhi State Legal Services Authority within two weeks.Jurisdiction of High Court to Entertain Writ Petition:The appellant challenged an order imposing a penalty under the Foreign Exchange Management Act, 1999, alleging a violation of natural justice principles. The Single Judge declined to entertain the writ petition, citing the availability of an alternative appeal remedy under Section 17 of FEMA. The appellant argued that the violation of natural justice principles justified invoking the High Court's jurisdiction under Article 226 of the Constitution. The High Court set aside the order, stating that dismissal solely based on the availability of an alternative remedy was unwarranted, restoring the writ petition for fresh consideration.Violation of Principles of Natural Justice:The appellant contended that the penalty order was based on an uncorroborated statement without providing an opportunity for cross-examination, violating principles of natural justice. The court considered the appellant's argument and reinstated the writ petition for reevaluation, emphasizing that in cases of jurisdictional lack or natural justice violations, the High Court can grant relief despite the existence of an alternative remedy. The court's decision was influenced by the specific circumstances of the case, deviating from a previous judgment where the appeal was not entertained due to the availability of a statutory remedy.
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