← Library
Bombay High CourtWP/1414/2015disposed off

Mr. Dhananjay Tapasvi v. The Special Director Directorate Of Enforcement And 2 ORS

2016-07-11Hon'Ble Shri Justice S.C. Dharmadhikari,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1413 OF 2015 Martin Evans .... Petitioner Vs.

The Special Director, Directorate of Enforcement & Ors.

.... Respondents AND WRIT PETITION NO.1414 OF 2015 Dhananjay Tapasvi .... Petitioner Vs.

The Special Director, Directorate of Enforcement & Ors.

.... Respondents AND WRIT PETITION NO.1435 OF 2015 Sobhan Ghosh .... Petitioner Vs.

The Special Director, Directorate of Enforcement & Ors.

.... Respondents AND WRIT PETITION NO.1465 OF 2015 James Sylvester .... Petitioner Vs.

The Special Director, Directorate of Enforcement & Ors.

.... Respondents AND

WRIT PETITION NO.1481 OF 2015 Ashim Mukerjee .... Petitioner Vs.

The Special Director, Directorate of Enforcement & Ors.

.... Respondents Mr. Amit Desai, Senior Counsel with Mr. Prakash Shah, Mr. Nishant Thakkar and Mr. Jas Sanghavi i/by M/s. PDS Legal for the Petitioner in all petitions.

Mr. A.J. Rana, Senior Counsel with Ms Shehnaz V. Bharucha for the Respondents in all petitions. CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : JULY 11, 2016 P.C:

Having heard Mr. Desai, learned Senior Counsel appearing for the petitioners and Mr. Rana, learned Senior Counsel appearing for the respondents, we are of the opinion that the undisputed position of the contravention having been compounded and by the Competent Authority under Section 15 of the Foreign Exchange Management Act, 1999 would demonstrate that nothing survives in these petitions. They can

be disposed of in terms of the order of compounding and made by the Competent Authority. Once the contravention has been compounded, then, in terms of sub-section (2) of Section 15, all consequences in law shall follow and it is not necessary for this Court to give any declaration in that regard. We have no doubt in our mind that the authorities will proceed in terms of the statutory mandate and, if necessary, make a formal order to close the proceedings. The writ petitions are disposed of. (DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)