2011 (2) TMI 1166

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....alty was imposed upon the appellants for violation of the provisions of the Foreign Exchange Management Act, 1999 ('FEMA' for short). On filing appeal, the Appellate Tribunal for Foreign Exchange by its order dated 2-8-2007 directed the appellants to make a pre-deposit of 50% of the amount of the penalty within a period of 30 days from the date of the receipt of the said order. 3. Challenging the aforesaid order, the appellants filed Writ Petitions in the Delhi High Court on 7-11-2007. The said Writ Petitions were initially admitted and ultimately dismissed on 26-7-2010 in the light of the judgment of the Apex Court in the case of Raj Kumar Shivhare v. Assistant Director of Enforcement and Anr. reported in (2010) 4 Supreme Court Cas....

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....of law arising out of such order : Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. Explanation - In this section "High Court" means - (a)     the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and (b)     where the Central Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on....

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....the case of Raj Kumar Shivhare (supra). As noted earlier, in the case of Raj Kumar Shivhare (supra), the Apex Court in exercise of its power under Article 136 of the Constitution gave liberty to file 'an appeal within a period of thirty days from today'. Whether the Delhi High Court could exercise such power exercised by the Apex Court under Article 136 of the Constitution, is a debatable question. In any event, the expression 'within thirty days from today' means within thirty days of passing the order. Delhi High Court passed the order on 26-7-2010 and, therefore, the appeals ought to have been filed within thirty days from 26-7-2010. Since the appeals are filed beyond the period permitted by the Delhi High Court, this Court cannot condon....