Habib Educational And Welfare Society v. Union Of India

$~117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6349/2025 HABIB EDUCATIONAL AND WELFARE SOCIETY .....Petitioner Through:

Advocate (appearance not given).

versus UNION OF INDIA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 14.05.2025

O R D E R

CM APPLs.28951/2025 (Exemption from filing certified copies of annexures) and 28952/2025 (Exemption from filing fair typed copies etc. of annexures) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 6349/2025 3.

The present petition assails the order/communication dated 25.10.2024 whereby the petitioner has been denied/refused registration under Foreign Contribution (Regulation) Act, 2010. The said order, inter alia, reads as under:

"2.....The Competent Authority, considering the field enquiry report, has refused the application for registration under Section 12(4)(a)(vi) of FCRA, 2010".

4.

During the course of hearing, learned counsel for the respondent points out that the aforesaid communication/order dated 25.10.2024 is appealable under Clause 31(2) of the Foreign Contribution (Regulation) Act, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:33:16

2010. The said clause reads as under:- "31. Appeal - (2) Any organisation referred to in clause (f) of sub-section

(1) of Section 3, or any person or association referred to in Section 6 or Section 9, aggrieved by an order made in pursuance of Section 5 or by an order of the Central Government refusing to give permission under this Act, or by any order made by the Central Government under subsection (2) or sub-section (4) of Section 12, or sub-section (1) of Section 14, as the case may be, may, within sixty days from the date of such order, prefer an appeal against such order to the High Court within the local limits of whose jurisdiction the appellant ordinarily resides or carries on business or personally works for gain, or, where the appellant is an organisation or association, the principal office of such organisation or association is located."

5.

Since there is an appellate remedy prescribed in the statute for the purpose of assailing the order which has been called in question in the present proceedings, the present petition is disposed of with the liberty to the petitioner to avail the prescribed appeal remedy in accordance with law. 6.

The present petition is disposed of in the above terms. SACHIN DATTA, J MAY 14, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:33:16