Madras High CourtCMA/2203/2003dismissed

Union Of India Rep.By The v. M/S.Super Capital Marketeers

2016-08-18Honourable Mr Justice T.Mathivanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.08.2016

CORAM

THE HON'BLE MR. JUSTICE T.MATHIVANAN C.M.A.NoS.2203 to 2206 of 2003 & C.M.P.No.13304 to 13307 of 2003 Union of India rep. By the Director of Enforcement Enforcement Directorate 6th Floor, Lok Nayak Bhawan Khan Market New Delhi-110 003 ... Appellant in all CMAs Vs.

1) M/s.Super Capital Marketeers and Associates rep. By V.Ganesh Proprietor No.10, 3rd Street, Gopalapuram Madras - 600 086

2) V.Ganesh ... Respondents in C.M.A.2203/16 V.Ganesh Proprietor M/s.Golden Harvest Trading Corporation No.10, 3rd Street, Gopalapuram Madras - 600 086 ... Respondent in C.M.A.2204/16 V.Ganesh Proprietor M/s.Super Capital Marketeers and Associates No.10, 3rd Street, Gopalapuram Madras - 600 086 ... Respondent in C.M.A.2205/16 V.Ganesh Proprietor M/s.Super Capital Marketeers and Associates No.10, 3rd Street, Gopalapuram Madras - 600 086 ... Respondent in C.M.A.2206/16 Civil Miscellaneous Appeal filed under Section 54 of the Foreign Exchange Regulation Act, 1973 r/w.Section 49 of the Foreign Exchange Management Act to set aside the order dated https://hcservices.ecourts.gov.in/hcservices/

28.04.2003 in Appeal No.209 of 2001 passed by the Appellate Tribunal for Foreign Exchange, New Delhi setting aside the order No.SDE/SSB/IV/04 to 07/2001 dated 30.03.2001 of the adjudicating authority in T-4/34-M/95-(SCN-I), T-4/34-M/95-(SCN-IV), T-4/34M/95-(SCN-III), T-4/34-M/95-(SCN-II) and the order No.SDE/SSB/IV/04 to 07/2001 dated 30.03.2001 passed by the learned Adjudicating Authority.

For Appellant : No Appearance For Respondents : Batta due

JUDGMENT

When the appeals came up for hearing on 11.08.2016, there was no representation on either side. On perusal of the records it is revealed that notice was not served on the sole respondent and the batta was due. As a last chance, the learned counsel appearing for the appellants is directed to pay batta with petition within three days and also permitted to take private notice to the respondent returnable by 03.02.2011. It is also specifically mentioned that in case of default in paying the batta, the appeals will be dismissed automatically.

2. Despite the specific observation made by this Court as early as on 20.01.2011, till date, the appellant has not chosen to pay batta. Hence, this Court finds that the appeals themselves are deserved to be dismissed for want of process. Keeping in view of the above fact, these appeals are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// gpa Sub Assistant Registrar To The Appellate Tribunal for Foreign Exchange, New Delhi.

C.M.A.Nos.2203 to 2206 of 2003 & C.M.P.Nos.13304 to 13307 of 2003 NR(CO) CA(15/09/2016) https://hcservices.ecourts.gov.in/hcservices/