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    <title>2023 (10) TMI 1118 - DELHI HIGH COURT</title>
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    <description>Prior notice under the proviso to Section 61(2) of the Foreign Exchange Regulation Act was a mandatory condition precedent to a complaint under Section 56. The record indicated that the petitioner had notified its fresh address, yet the opportunity notice was not served at that correct address and the enforcement authority did not verify it through the bank or the Reserve Bank of India. On those facts, the statutory requirement of prior opportunity and hearing was not met. Applying the rule that a prescribed statutory mode must be followed and that proceedings with serious civil consequences require natural justice, the complaint and consequential proceedings were held unsustainable and quashed.</description>
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      <description>Prior notice under the proviso to Section 61(2) of the Foreign Exchange Regulation Act was a mandatory condition precedent to a complaint under Section 56. The record indicated that the petitioner had notified its fresh address, yet the opportunity notice was not served at that correct address and the enforcement authority did not verify it through the bank or the Reserve Bank of India. On those facts, the statutory requirement of prior opportunity and hearing was not met. Applying the rule that a prescribed statutory mode must be followed and that proceedings with serious civil consequences require natural justice, the complaint and consequential proceedings were held unsustainable and quashed.</description>
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