2023 (3) TMI 335

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....titioner : Mr.Nagesh Nakhul for M/s.Preeti Mohan For the Respondents : Mr.Rajnish Pathiyil Senior Central Government Standing Counsel - R1 & R2, Mr.S.Balamurugan Government Advocate - R3 & R4 ORDER The petitioner has challenged notice dated 05.11.2009 issued by R1/the Special Director of Enforcement. This notice is addressed to the District Collector, Coimbatore District, arrayed as R4 an....

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....erved upon it. To be noted, the present writ petition is of the year 2016 and thus the question that would arise for determination is as to what had transpired in the interim and whether the elapse of fifteen years from date of order to date of institution of the writ petition was justifiable. 4. The affidavit filed in support of the writ petition proceeds on the basis that no order was ever se....

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....tiating prosecution in terms of the applicable provisions of the FERA based on the order of adjudication dated 31.12.2001, the petitioner was asked to produce any material that it would have to indicate that it had made any request for the order in the interim or had made any statement in any pleadings before any authority that would support his belief that no orders at all had been passed. 6. ....

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....me of the company and one Director and E.O.C.C.No.75 of 2008, as against the petitioner and another Director. 8. Thus, through all this, the petitioner has certainly been aware of the factum of order dated 31.12.2008 having been passed and this is the question that this Court has to contend with, as to whether such prolonged inaction on the part of the petitioner to even seek a copy of the orde....