Prashant K Mehta (Director) v. Special Director Of Enforcement

by MULEY SHUBHAM PRAVINRAO Date:

2025.10.16 20:12:33 +0530 MULEY SHUBHAM PRAVINRAO 3-FEMA-12-2024.DOCX Shubham

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FEMA APPEAL NO. 12 OF 2024 Kishor Kirtilal Mehta(Director) ...Appellant

Versus

Special Director of Enforcement

...Respondent

AND FEMA APPEAL NO. 13 OF 2024 AND FEMA APPEAL NO. 11 OF 2024 ______________________________________________________ Mr. Samarth Patel a/w Jyoti Ghag and Shailesh Prajapati i/by Dua Associates for the Appellant in all Appeals.

Mr. Anil Yadav for the Respondents in all Appeals. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 16 October 2025 P.C.:- 1.

Heard Mr. Patel for the Appellants. He requests for an adjournment.

2.

These matters were placed on 18 September 2025 and there was no appearance on behalf of the Appellant. Still, instead of dismissing these Appeals, we posted them for another date in order to give the Appellants an additional opportunity. Such an opportunity

3-FEMA-12-2024.DOCX does not mean seeking an adjournment by engaging an Advocate. 3.

In any event, Mr. Yadav points out that the challenges in these Appeals are to interlocutory orders made in Appeals pending before the Appellate Tribunal under the SAFEMA at New Delhi. He placed on record orders dated 31 January 2024 made made by the Tribunal, dismissing the Appeals for non prosecution. There is nothing on record to show that the Appeals have been restored. Accordingly, if the main Appeals, in which the main interlocutory orders were passed are dismissed, these Appeals will also have to be dismissed as the reliefs therein are rendered infructuous. 4.

We therefore dismiss these Appeals on the grounds that the reliefs in these Appeals have been rendered infructuous. However, if at a later point of time the Appeals before the Tribunal are restored, we grant the Appellants liberty to apply for restoration of these Appeals. If such application is made and diligently pursued, the same will be considered on its own merits and in accordance with law. 5.

With the above liberty, we dispose of all these Appeals without any order for costs.

(Advait M. Sethna, J) (M. S. Sonak, J.)