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Madras High CourtCMA/190/2011dismissed as abated

M/S.Pearl Marine Products v. The Special Director

2022-12-08Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.12.2022

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN CMA.No.190 of 2011 and MP.No.1 of 2011 M/s.Pearl Marine Products, Rep by its Managing Partner, Nevil A.Katar.

.. Appellant /petitioner -vs1.Special Director Directorate of Enforcement New Delhi.

2.The Appellate Tribunal for Foreign Exchange, Janpat Bhavan New Delhi.

3. Deputy Director, Directorate of Enforcement, Sasthri Bhavan, III Floor, Chennai - 600 006.

...Respondents

PRAYER:

Civil Miscellaneous Appeal filed Under Section 54 of FERA 46/1973, against the Order made in Appeal No.462 of 2004 dated 12.02.2009 by the Appellate Tribunal for Foreign Exchange, New Delhi against the order made in SDE(SSV)/IV/12/2004 dated 27.02.2004 by the Special Director of Enforcement Directorate, New Delhi.

For Appellant : Ms.R.Sanupavi for Mr.S.Conscious Ilango For Respondents : M/s.Rajnish Pathiyil Special Public Prosecutor

JUDGMENT

The above Appeal arises against the Order made in Appeal No.462 of 2004 dated 12.02.2009 by the Appellate Tribunal for Foreign Exchange, New Delhi against the order made in SDE(SSV)/IV/12/2004 dated 27.02.2004 by the Special Director of Enforcement Directorate, New Delhi.

2. On 21.09.2021, the learned counsel for the appellant has submitted that the sole appellant is dead and seeks time to take steps to bring on record the legal representatives of the decreased appellant. This court has granted time till 21.10.2021 to bring on the legal representatives of the deceased appellant on record and also stated that if steps are not taken within the stipulated time, this Appeal shall stand automatically dismissed as abated.

3. Today, when the matter is taken up for hearing, the learned counsel for the appellant represented that despite his efforts, he is unable to get the details of the legal representatives of the deceased sole appellant.

4. Recording of the above submission of the learned counsel for the appellant and also for non-compliance of the order of this court dated 21.09.2021, the Appeal stands dismissed as abated with liberty granted to the appellant to file an abatement petition. Consequently, connected miscellaneous petition is closed. No costs.

08.12.2022 Index : Yes/No Speaking/non-speaking order gv To 1.Special Director Directorate of Enforcement New Delhi.

2.The Appellate Tribunal for Foreign Exchange, Janpat Bhavan New Delhi.

3. Deputy Director, Directorate of Enforcement, Sasthri Bhavan, III Floor, Chennai - 600 006.

4. The Public Prosecutor, High Court, Madras.

A.A.NAKKIRAN.,J gv CMA.No.190 of 2011 and MP.No.1 of 2011 08.12.2022