Praveen Sharma v. The Special Director, Directorate Of Enforcement

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MISC. APPEAL (FEMA) 17/2025 & CM APPL. 59722/2025, CM APPL. 59723/2025 PRAVEEN SHARMA .....Appellant Through:

Mr.Yog Verdhan, Adv.

versus THE SPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT .....Respondent Through:

Mr.Vivek Gurnani, Panel Counsel for ED with Mr.Kanishk Maurya, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 06.05.2026 1.

This appeal has been filed under Section 35 of the Foreign Exchange Management Act, 1999 ("FEMA") read with Section 54 of the Foreign Exchange Regulation Act, 1973 ("FERA") challenging the order dated 01.07.2025 passed by the Appellate Tribunal under SAFEMA at New Delhi (hereinafter referred to as 'impugned order') in appeal bearing no. FPA-FE-3/DLI/2012, titled Praveen Sharma v. The Special Director, Directorate of Enforcement, Delhi, dismissing the appeal filed by the appellant herein.

2.

One of the contentions raised by the appellant in the present appeal is that the appeal was heard on 25.03.2025 by a Single Member The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the Appellate Tribunal, however, the impugned order reflects that it has been passed by a two-member Bench of the Tribunal, thereby showing a total non-application of mind and rendering the order coram non judice.

3.

The above plea of the appellant has not been contested by the respondent in the counter affidavit. A copy of the same has been supplied to us by the learned counsel for the respondent. 4.

In view of the above facts, we are of the opinion that the impugned order cannot be sustained. A Member, who has not heard the appeal, cannot be part of a Bench deciding the same. Such an order rendered by a Bench which includes a member who did not hear the matter, is unsustainable and is non est in law. 5.

Accordingly, we have no option but to set aside the impugned order and restore the appeal of the appellant before the learned Tribunal.

6.

The learned counsel for the appellant submits that the appeal was pending adjudication before the learned Tribunal since the year 2012.

7.

Keeping in view the above, we direct the learned Appellate Tribunal to expedite the hearing of the appeal filed by the appellant. We further direct that the appeal shall be heard by a Bench of which the two members who have passed the impugned order are not a part. 8.

The parties shall appear before the learned Appellate Tribunal on 03.07.2026 for further directions. In case the record of the appeal is received by the Registry from the Appellate Tribunal, the same shall be returned to the learned Appellate Tribunal. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The appeal, along with the pending applications, is disposed of in the above terms.

NAVIN CHAWLA, J RAVINDER DUDEJA, J MAY 6, 2026/rv/pb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.