M/S Querim Resort Pvt. Ltd. v. Assitant Director, Directorate Of Enforcement, Govt. Of India And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 120 OF 2014 M/S QUERIM RESORT PVT. LTD.

... Petitioner

Versus

ASSITANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVT. OF INDIA AND ANR., ... Respondents Mr. M. Amonkar, Advocate for the Petitioner.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 6th April, 2016 P.C.:

We have heard Mr. M. Amonkar, the learned Counsel appearing for the petitioner. During the course of the hearing of the above petition, it was put to the learned Counsel appearing for the petitioner that the petitioner has a remedy to challenge the impugned order passed by the Appellate Tribunal in terms of Section 35 of the Foreign Exchange Management Act, 1999 before this Court.

2. Upon perusing the said provision, Mr. M. Amonkar, the learned Counsel appearing for the petitioner, fairly accepts the position and submits that the petition may be disposed of and the Registry may be directed to return the original certified copy so that the petitioner may avail of such remedy of filing an appeal in terms of the said provision.

WP/120/2014

3. Hence, the above petition stands disposed of on the ground that the impugned order can be challenged by preferring an appeal in terms of Section 35 of the Foreign Exchange Management Act, 1999. Registry is accordingly directed to return the certified copy of the impugned order in terms of the rules. Rule stands disposed of accordingly.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

NH