2022 (3) TMI 917

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....h Order bearing no T3/HYZ0/75/2021 dated 12 October 2021 Seizure Order No 02/2021 bearing no T3/HYZ0/75/2021 dated 30 September 2021 and Seizure Order No 03/2021 bearing no T3/HYZO/75/2021 dated 15 December 2021 passed by the Respondent No 2 and direct the Respondent No 2 to release the properties which have been seized by it the details whereof are available in the Impugned Orders and/or pass order..." 2. Heard Sri Aravind Nayar, learned Senior Counsel, appearing on behalf of Ms. Shireen Sethna Baria, learned counsel for the petitioner, learned Standing Counsel for Union of India appearing on behalf of respondent No.1, Smt. Anjali Agarwal, learned Central Government Standing Counsel for Enforcement Directorate, for respondent No.2, Sri ....

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.... respondent No.2 that the respondent No.3/Commissioner of Customs, Chennai-VII Commissionerate, Chennai, is seized with the subject matter of this writ petition and a common order, dated 04.02.2022, was passed by respondent No.3, confirming the seizure orders passed by the respondent No.2/Directorate of Enforcement under Section 37A of Foreign Exchange Management Act, 1999 (for short, 'FEMA'). It is also brought to the notice of this Court that an appeal lies with the Appellate Authority constituted under FEMA, under Section 37A(5) of FEMA, against the subject seizure orders passed by respondent No.3, dated 04.02.2022. 5. It is pertinent to state that this Court, vide order, dated 30.12.2021, was pleased to direct the petitioner company ....

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....the amount mentioned in paragraph 9 of the affidavit filed in support of I.A. No.1 of 2022, i.e., expenditure incurred by the petitioner company for the months of November and December, 2021 and January, 2022. 6. Accordingly, the respondent No.2/Directorate of Enforcement, Hyderabad Zonal Office, Hyderabad, is directed to release an amount of Rs. 15,35,45,317/- (Rupees fifteen crores thirty five lakhs fourty five thousand three hundred and seventeen only) in favour of the petitioner Company forthwith, not later than one (1) week from the date of receipt of a copy of this order. in view of the common order passed by respondent No.3 on 04.02.2022, confirming the subject seizure orders passed by the respondent No.2, no opinion is expressed ....