2021 (7) TMI 1436

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....akumar (Official Liquidator), Mr. Sumit Attri, AOR, M/S. Cyril Amarchand Mangaldas Aor, AOR, Mr. Mukul Rohatgi, Sr. Adv., Ms. Anuradha Dutt, Adv., Mr. Pawan Sharma, Adv., Ms. Suman Yadav, Adv., Mr. Haaris Fazili, Adv., Mr. Chaitanya Kaushik, Adv., Ms. Priyanka MP, Adv., Mr. Ambar Bhushan, Adv., Mr. Shobhit Ahuja, Adv., Ms. B. Vijayalakshmi Menon, AOR For the Respondent : MR. N. Venkataraman, ASG,....

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.... In other words, the petitioner has had no causal connection with the affairs of the company at the relevant time, which is allegedly involved in the commission of Foreign Exchange Management Act (in short 'FEMA') violations. If that is so, the petitioner cannot be compelled to pay pre-deposit amount even if he is driven to file the statutory appeal. Considering the arguments on both sid....

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....d relief regarding limitation, in terms of this order, shall not apply and the entire limitation period be reckoned by the Appellate Authority. The Special Leave Petition is disposed of accordingly. Pending applications, if any, stand disposed of. SLP(C) No. 18742/2019 The application (I.A. No. 26937 of 2021) seeking permission for discharge of Cyril Amarchand Mangaldas, Advocate-on-Record for....

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....ay proceed with the appeal on its own merits in accordance with law and not non-suit this petitioner on ground of limitation as the petitioner has been bona-fide pursuing remedy against the show cause first before the High Court and also before this Court. It will be open to the petitioner to file a formal application before the Appellate Authority for granting exemption from paying 100% pre-depo....