2025 (7) TMI 1648

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....Whether, in the facts and circumstances of the case, the impugned order of the Appellate Tribunal in passing order of remand of 16 years delay in passing the Adjudication order passed by the Respondent and non-considering any of the judgments of the various courts would amount to non-application of mind, self-contradictory and therefore unsustainable in law? B) Whether in the facts and circumstances of the case the Appellate Tribunal is required to take into consideration of the law declared by this Hon'ble Court with regard to jurisdiction of Adjudicating authorities not appointed with special powers under FEMA as Govt. of India has no power to appoint in the absence of amendment under FEMA, 1999 and whether such a failure wou....

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....d, will be entitled to contend the issue of delayed adjudication. Mr Seshagopalan pointed out that the show cause notice in this case was issued on 29 November 1983 and the adjudicating authority disposed of the show cause notice only on 20 September 2000, i.e. after a delay of 17 years. Mr Seshagopalan submits that such a delayed adjudication is impermissible and warrants interference. He relied on the decision of this Court in M/s. Esjaypee Impex Pvt. Ltd. V/s. The Union of India And Ors., Writ Petition No. 3793 of 2024, disposed of on 11 November 2024, in support of his contention. 8. Accordingly, although we do not interfere with the Tribunal's order dated 08 July 2024, we clarify that upon remand, the Petitioner shall be entitled to....

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.... entitled to raise the issue of the adjudicating authority lacking jurisdiction to adjudicate upon a show cause notice issued under FERA, 1973. All contentions of all parties in this regard are expressly left open to be decided by the adjudicating authority. Needless to add that if the adjudicating authority concludes that it has no jurisdiction or authority, then the show cause notice issued on 29 November 1983 under FERA, 1973, will have to be discharged. 13. Mr Seshagopalan states that this matter has been pending since 1983, and unless any time-bound directions are issued, it has the potential to remain pending even longer pursuant to the remand. Accordingly, he requests that directions be issued to the adjudicating authority to disp....