Alliance And Leicester Ltd v. Enforcement Directorate Through Special Director

9-ia-3992-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3992 OF 2025 IN FEMA (L)APPEAL NO. 8411 OF 2025 Alliance and Leicester Ltd., .. Applicant/Appellant.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2025.04.09 19:00:34 +0530 SMITA RAJNIKANT JOSHI

Versus

Enforcement Directorate .. Respondents.

Adv. Pulkit Sharma with Adv. Sagar Vichare i/b. Adv. Abhishek Adke, for the Applicant/Appellant.

Adv. Anil Yadav, for Respondent-ED.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

APRIL 09, 2025 P. C.

1.

The above Interim Application is filed seeking condonation of delay in filing the above Appeal. Though, in the prayer clause, it is stated that there is a delay of 64 days, it has been pointed out to us that the delay in fact is only of 38 days.

2.

The impugned order is dated 4th July, 2024. This order was communicated to the Appellant/ Applicant vide letter dated 24th July, 2024, and which was received by the Appellant/ Applicant on 30th July, 2024. The above Appeal was lodged on 5th November, 2024 and, therefore, there is a delay of 38 days. Even if one were to go by the date of the letter when the APRIL 09, 2025 S.R.JOSHI

9-ia-3992-2025.doc order was communicated to the Appellant/ Applicant, the delay would be of 44-45 days and which is within the extended period of 60 days as contemplated under Section 35 of the Foreign Exchange Management Act, 1999.

3.

Considering these facts, even though the Respondent vehemently opposed the application for condonation of delay, we are inclined to condone the same. In these circumstances, the delay in filing the above Appeal is hereby condoned.

4.

Now that the delay is condoned, all other office objections in the above Appeal, if any, shall be removed by the Advocate for the Appellant within a period of two weeks from today, failing which, the above Appeal shall stand dismissed without further reference to the Court. 5.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] APRIL 09, 2025 S.R.JOSHI