2014 (1) TMI 1964

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....as to why adjudication proceedings under Section 51 of the Foreign Exchange Regulation Act, 1973 (for brevity, "FERA"), should not be held against them for contravention of Sections 8(1) and 9(1)(a) and 14 of the FERA. The said notices were suitably replied to by the respondent, which resulted in two separate adjudication orders, dated 17.04.2009, by the adjudicating authority imposing penalties on the respondent. As against the said orders, two appeals i.e., Appeal Nos. 81 and 82 of 2009, were filed by the respondent before the appellate tribunal for foreign exchange. It may be noted that in the meanwhile the FERA was substituted by Foreign Exchange Management Act, 1999 (for short, "FEMA") and the said later Act was brought into force with....

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....stated that the said order copy was sent to Hyderabad Office on 13.11.2009, which was received in Hyderabad on 24.11.2009 for which the comments from Hyderabad office were sent to New Delhi office on 01.12.2009. Thereafter on 11.12.2009, New Delhi office sent instructions to Hyderabad for filing of appeals, which was received in Hyderabad office on 22.12.2009. It is stated that original certified copy was received in Hyderabad office from New Delhi on 28.12.2009 and the appeal came to be filed on 16.02.2010. The delay aforesaid is, therefore, being explained on account of the circumstances, condonation of delay under Section 5 of the Limitation Act, 1963, (for short, "the Act") is sought. 4. This application for condonation is opposed by....

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....ntravention under section 51 of the repealed Act after the expiry of a period of two years from the date of the commencement of this Act. 7. It is also to be noted that FEMA was enforced from 01.06.2000. Section 35 of the FEMA provides as follows: 35. Appeal to High Court - Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question 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 furth....

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.... established by the petitioner, but the said power of condonation was available for a further period of 60 days and not beyond. An appeal to this Court under Section 35 of FEMA can be entertained, if filed within a maximum period of 120 days of communication of the order of the appellate tribunal. 10. Section 29(2) of the Act reads as follows: 29. (1) .... (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule the provisions of Section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by a....