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Bombay High CourtIA/9734/2025disposed off

Anil Agarwal v. The Special Director, Directorate Of Enforcement Mumbai

2025-07-30Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9503 OF 2025 IN FEMA APPEAL NO.32 OF 2025 Vedanta Limited Mumbai ...Applicant/Appellant

Versus

The Special Director, Directorate Of Enforcement Mumbai

...Respondent

WITH INTERIM APPLICATION NO.9493 OF 2025 IN FEMA APPEAL NO.25 OF 2025 Navin Agarwal ...Applicant/Appellant

Versus

The Special Director, Directorate Of Enforcement Mumbai

...Respondent

WITH INTERIM APPLICATION NO.9734 OF 2025 IN FEMA APPEAL NO.37 OF 2025 Anil Kumar Agarwal ...Applicant/Appellant

Versus

The Special Director, Directorate Of Enforcement Mumbai

...Respondent

WITH INTERIM APPLICATION NO.9513 OF 2025 IN FEMA APPEAL NO.36 OF 2025 D. P. Agarwal (since deceased)

Thr. Lrs. Anil Kumar Agarwal & Ors.

...Applicants/Appellants

Versus

The Special Director, Directorate Of Enforcement Mumbai

...Respondent

______________________________________________________ Mr. Vikram Nankani, Senior Advocate, Mr. Tushad Kakalia a/w. Ms. Shweta Jaydev, Ms. Pooja Vasandani, Ms. Feroza Bharucha i/b M/s. Rashmikant and Partners for Applicants/Appellants.

Mr. Anil D. Yadav, for Respondent.

______________________________________________________

CORAM:

M.S. Sonak & Jitendra Jain, JJ.

DATED:

30 July 2025 PC:- 1.

Upon disclosure by one of us ( Jitendra Jain, J.) that he has shares of Vedanta Limited , learned counsel for the parties submit that they have no objection to the Bench taking up the matter.

2.

Heard Mr. Nankani,learned Senior Advocate appearing for applicants-appellants and Mr. Yadav appearing for respondents.

3.

The FEMA appeals in which these interim applications have been taken up have already been admitted. 4.

The impugned orders confirms penalties upon the applicants. Therefore, subject to the appellants securing the penalty amount by either depositing or furnishing bank

guarantee from nationalised or scheduled bank within four weeks from today, the respondents are directed not to take any coercive measures for recovery of this penalty amount. 5.

The deposit/ furnishing of bank guarantee must be informed by service of notice to learned counsel for the respondents. If the amount is deposited, Registry to ensure that same are invested in a nationalized bank on usual terms. Bank guarantee must be furnished in favour of the Registrar (Appellate Side) on usual terms.

6.

If no deposit is made or bank guarantee is furnished within four weeks, then this interim relief shall stand vacated without further reference to this Court. Respondents will then be at liberty to proceed with recovery of penalty amount. 7.

Interim Applications are disposed of in the above terms. No costs.

(Jitendra Jain, J) (M.S. Sonak, J)