Madras High CourtWP/21453/2018withdrawn dismissed

M/S.T.T.Enterprises, v. The Joint Director Amp

2023-04-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.25195 of 2018 M/s.T.T.Enterprises, No.95, South Street, Thudaiyur, Sirugambur Via, Manachanallur Taluk, Trichy - 621 213, Represented by its Proprietor Shri.T.Thiyagarajan ... Petitioner Vs.

The Joint Director & Adjudicating Authority, Directorate of Enforcement, Chennai Zonal Office-II, 3rd Floor, C Block, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for records of the respondent in File No.T-4/05/CEZO/Z-II/2017 leading to issuance of Order No.JD/CEZO/Z-II/01/2018 dated 28.06.2018.

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For Petitioner : Mr.B.Kumar Senior Counsel for M/s.B.Satish Sundar For Respondent : Mr.Rajnish Pathiyil Senior Panel Counsel *****

ORDER

When the matter was taken up for hearing today, the learned counsel appearing for the petitioner submits that, as against the impugned order passed by the Adjudicating Authority under the Foreign Exchange Management Act, 1999 (in short 'FEMA'), there is an appeal remedy available before the Appellate Tribunal. He also submits that as per the impugned order, a sum of Rs.18 lakhs has been deposited as a term deposit and requests that the same may be considered by the Appellate Tribunal while considering the waiver application. Hence, he sought permission of this Court to withdraw the Writ Petition with the liberty the above liberty. An Endorsement to the said effect is also made by the learned counsel for the petitioner in the Petition today.

2. Recording the submissions of the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn with the 2/4

liberty as sought for by the petitioner. Further, it is open to the petitioner to raise all the contentions before the Appellate Tribunal and the period pending before this Court is excluded for the purpose of limitation. No Costs. Consequently, the connected miscellaneous petition is closed. 11.04.2023 Index : Yes / No Speaking order / Non-speaking order sp To The Joint Director & Adjudicating Authority, Directorate of Enforcement, Chennai Zonal Office-II, 3rd Floor, C Block, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006.

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M.DHANDAPANI, J.

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