Resham Singh Alias Pappu & ORS v. The Competent Authority, Smugglers & Foreign Exchange Manipulators

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4586/2016&CM APPL. 19094/2016 RESHAM SINGH ALIAS PAPPU & ORS .....Petitioners Through:

None.

versus THE COMPETENT AUTHORITY, SMUGGLERS & FOREIGN EXCHANGE MANIPULATORS .....Respondent Through:

Mr. Jagdish Chandra, CGSC, Mr.

Sujeet Kumar Choudhary, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 04.08.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Article 226/227 of the Constitution of India seeks the following prayers: - "(a) Setting aside the final judgment and order dated 06.05.2015 passed by the Appellate Tribunal for Forfeited Property, New Delhi, in FPA-ND-35/DLI/2012 titled as Resham Singh & Ors Vs. The Competent Authority;

(b) pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." 3.

None appears on behalf of the petitioners.

4.

Learned Predecessor Bench of this Court vide order dated 06.03.2025 had observed as under: - "2. This Court had on 08.10.2024 directed the Petitioners to take instructions and recorded the following:

"1. Learned Counsel for the Petitioner submits that the Petitioner's The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Appeal bearing no. CRA-S-2432-SB-2007 is still pending before the High Court judicature at Punjab and Haryana. 2. A query has been put to the learned Counsel for the Petitioner as to how the aforesaid Appeal would have a bearing on the present Petition, for which he requests for an adjournment. Let the Petitioner place on record an Affidavit with respect to the submissions made. 3. At his request, list on 20.01.2025. 4. In the meantime, parties shall file their respective written synopsis, not exceeding three pages each, at least one week before the next date of hearing, along with the compilation of judgments, if any, they wish to rely upon. 4.1 All judgments sought to be relied upon shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth."

3. Thereafter, despite the matter was listed before the Court on 25.01.2025 and 07.02.2025, the order dated 08.10.2024 has not been complied with by the Petitioners.

4. The report of the Registry is that the default Notice is yet to be served on the Petitioners.

5. The Registry is directed to expedite the service and file a report within a period of one week."

5.

On 17.03.2025, none appeared on behalf of the petitioners and the Court observed as under: - "1. Present none for the petitioners.

2. As per the office noting, the default notice issued to the petitioners in light of the fact that their counsel had been discharged, has remained unserved for insufficient address.

3. Learned counsel for the respondent states that petitioners' appeal continues to be pending before the High Court of Judicature at Punjab & Haryana.

4. A perusal of the application filed by the petitioners' counsel seeking discharge shows that the same was filed as the counsel was unable to contact the petitioners at the known address. The application is accompanied by undelivered letters.

5. Adverse orders are deferred for today.

6. Renotify on 04.08.2025."

6.

Today, again there is no appearance on behalf of the petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

As noted hereinabove, there has been no appearance on behalf of the petitioners for the last 2 dates of hearing i.e. 06.03.2025 and 17.03.2025. Default notice could not be served on account of insufficient address. 8.

It is further noted that the application filed by the petitioner's counsel seeking discharge also reflected that the said counsel was unable to contact the petitioners because of insufficient address. 9.

In view of the above, the present petition is dismissed in default for non-prosecution and disposed of.

10.

Pending applications if any also stand disposed of. 11.

Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J AUGUST 4, 2025/kr/yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.