2024 (11) TMI 799

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....BIREN VAISHNAV AND HONOURABLE MS. JUSTICE NISHA M. THAKORE MR HARSHEEL D SHUKLA(6158) FOR THE APPLICANT MR VANDAN K BAXI(5863) MS PRACHITI V SHAH(9990) NANAVATI & NANAVATI(1933) FOR THE RESPONDENT ORAL ORDER (PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE) 1. Heard Mr. Harsheel D. Shukla, learned counsel for the applicant and Ms. Prachiti V. Shah, learned counsel for the respondents.....

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....at the outset, has objected to the maintainability of the application. The attention of this Court was invited to the affidavit-in-reply filed by the respondents. The reliance was placed on Section 35 of the Foreign Exchange Management Act, 1999 (henceforth, "the FEMA Act"). It was submitted that the proviso to Section 35 of the FEMA Act clearly indicates that the High Court, if satisfies that the....

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....elay, after expiry of 30 days' period. 3.2 Our attention was also invited to the decision of the Hon'ble High Court of Bombay in the case of Union of India, through the Directorate of Enforcement vs. Ashok J. Ramsinghani reported in 2011 SCC OnLine Bom 575, wherein similar view has been taken by the court in a matter arising out of Section 35 of the FEMA Act. It was further submitted that the a....