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Bombay High CourtFEMA/1/2024disposed off

Directorate Of Enforcement Ministry Of Finance Thr. The Assistant Director v. Canara Bank

2024-12-11Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

Sayyed Sr. Nos.7 &10, 11, 12, 15, 17, 19, 20, 22 & 23.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FEMA APPEAL NO.1 OF 2024 FEMA APPEAL NO.1 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

Canara Bank Canara Bank ...

...Respondent

Respondent AND AND FEMA APPEAL NO.2 OF 2024 FEMA APPEAL NO.2 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

M. M. Chungath M. M. Chungath

...Respondent

...Respondent

AND AND FEMA APPEAL NO.3 OF 2024 FEMA APPEAL NO.3 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

P. Upadhyaya P. Upadhyaya

...Respondent

...Respondent

AND AND FEMA APPEAL NO.4 OF 2024 FEMA APPEAL NO.4 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

M. M. Chungath M. M. Chungath

...Respondent

...Respondent

AND AND FEMA APPEAL NO.5 OF 2024 FEMA APPEAL NO.5 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

M/s. Canara Bank M/s. Canara Bank

...Respondent

...Respondent

Sayyed Sr. Nos.7 &10, 11, 12, 15, 17, 19, 20, 22 & 23.docx AND AND FEMA APPEAL NO.6 OF 2024 FEMA APPEAL NO.6 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

M. M. Chungath M. M. Chungath

...Respondent

...Respondent

AND AND FEMA APPEAL NO.7 OF 2024 FEMA APPEAL NO.7 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

S.A. Lakshmi S.A. Lakshmi

...Respondent

...Respondent

AND AND FEMA APPEAL NO.8 OF 2024 FEMA APPEAL NO.8 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

S.A. Lakshmi S.A. Lakshmi

...Respondent

...Respondent

AND AND FEMA APPEAL NO.9 OF 2024 FEMA APPEAL NO.9 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

S.A. Lakshmi S.A. Lakshmi

...Respondent

...Respondent

AND AND FEMA APPEAL NO.10 OF 2024 FEMA APPEAL NO.10 OF 2024 The Special Director The Special Director Directorate of Enforcement Directorate of Enforcement ...

...Appellant Appellant

Versus

Versus

S.A. Lakshmi S.A. Lakshmi

...Respondent

...Respondent

_____________________________________________________ Mr. Ashish Chavan a/w Mr. Zishan Quazi for Appellant in all appeals. Mr. Ashish Chavan a/w Mr. Zishan Quazi for Appellant in all appeals. Mr. Vivek Sharma a/w Mr. Arnold Fernandes for Respondent in all Mr. Vivek Sharma a/w Mr. Arnold Fernandes for Respondent in all appeals.

appeals.

_____________________________________________________

Sayyed Sr. Nos.7 &10, 11, 12, 15, 17, 19, 20, 22 & 23.docx CORAM :

M. S. Sonak & Jitendra Jain, JJ.

DATED : 11 December 2024 PC.:- 1.

FEMA Appeal Nos.4 of 2023 and 5 of 2023 are not on board. FEMA Appeal Nos.4 of 2023 and 5 of 2023 are not on board. Upon mentioning, taken on board.

Upon mentioning, taken on board.

2.

In all these matters except those at Serial Nos.8 and 9, the In all these matters except those at Serial Nos.8 and 9, the Tribunal has relied upon its decisions in appeals instituted by the Tribunal has relied upon its decisions in appeals instituted by the Standard Chartered Bank Limited and others.

Standard Chartered Bank Limited and others.

3.

The learned counsel for the ED points out that the decisions in The learned counsel for the ED points out that the decisions in the appeals instituted by the Standard Chartered Bank Limited before the appeals instituted by the Standard Chartered Bank Limited before the Tribunal are also questioned by filing separate appeals listed below:- the Tribunal are also questioned by filing separate appeals listed below:- "FEMA Appeal (ST) Nos.992 of 2020, 1115 of 2020, "FEMA Appeal (ST) Nos.992 of 2020, 1115 of 2020, 1117 of 2020, 1119 of 2020, 1120 of 2020, 1121 of 1117 of 2020, 1119 of 2020, 1120 of 2020, 1121 of 2020, 1122 of 2020, 1123 of 2020, 1124 of 2020, 1125 2020, 1122 of 2020, 1123 of 2020, 1124 of 2020, 1125 of 2020, 1126 of 2020, 1127 of 2020, 1128 of 2020, of 2020, 1126 of 2020, 1127 of 2020, 1128 of 2020, 1129 of 2020, 1130 of 2020, 1131 of 2020, 1132 of 1129 of 2020, 1130 of 2020, 1131 of 2020, 1132 of 2020 and 1133 of 2020".

2020 and 1133 of 2020".

4.

Accordingly, we agree with the learned counsel for the Accordingly, we agree with the learned counsel for the Appellant that the above appeals should be taken along with these Appellant that the above appeals should be taken along with these appeals or appeals or rather, rather, these appeals should be taken up along with the these appeals should be taken up along with the above appeals.

above appeals.

5.

The Registry is therefore directed to list all the above appeals The Registry is therefore directed to list all the above appeals along with these appeals on 15 January 2025.

along with these appeals on 15 January 2025.

6.

From From the numbers given to us, it appears that these FEMA the numbers given to us, it appears that these FEMA Appeals are under objections. Therefore, if there are any office Appeals are under objections. Therefore, if there are any office objections, the same must be cleared before the next date. objections, the same must be cleared before the next date. 7.

List these appeals on 15 January 2025.

List these appeals on 15 January 2025.

(Jitendra S. Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 12/12/2024 13:32:26