Pomila Thukral v. Union Of India And 2 ORS.

Digitally signed by MEERA MAHESH JADHAV Date:

2022.07.29 17:50:01 +0530 1/2 211-wp-888-08.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.888 OF 2008 Promila Thukral ....Petitioner V/s.

Union of India & Ors.

...Respondents

---- Ms Tanya D'souza i/b Nankani & Associates for Petitioner None for Respondents ---- CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ DATED : 28th JULY 2022 P.C. :

Petitioner is impugning an order dated 14th December 2007 passed by respondent no.2. At the time the impugned order came to be passed on 14th December 2007, Ms D'Souza states and as referred in the impugned order, there was a judgment of this Court in the matter of Premier Ltd. V/s. Union of India and Ors. by which the Court had held that the jurisdiction to hear would lie with the Special Director (Appeals) in terms of Section 17(2) of FEMA, 1999. Therefore, the submissions as recorded in the impugned order came to be made which the Tribunal rejected. The Tribunal held that an application for transfer to the newly constituted authority cannot be entertained and, therefore, the appeal itself was dismissed. Ms D'souza states that subsequently the Apex Court in the matter of Union of India and Ors. V/s. Premier Ltd.

1 overruled the judgment of this Court and held that respondent no.2 would have jurisdiction. Ms D'souza

11. (2019) SCC Online SC 95 Meera Jadhav

2/2 211-wp-888-08.doc requests that in view of the subsequent development, this Court may remand the matter to respondent no.2 to decide the appeal on merits. Respondent has not filed any reply. Moreover, in our view, we can and we should grant the request made by Ms D'souza.

Accordingly, the impugned order dated 14th December 2007 is hereby quashed and set aside. The matter is remanded to the Appellate Tribunal For Foreign Exchange to rehear the Appeal No.554/2000 denovo on merits and dispose the appeal in accordance with law.

We clarify that we have not made any observation on the merits of the matter.

Petition disposed.

(A. S. DOCTOR, J.) (K.R. SHRIRAM, J.) Meera Jadhav