UNION OF INDIA Vs. JAGDISH PRASAD JALAN NANDALAL

JUDGEMENT

(1.) All the aforesaid three matters have been placed for hearing before this Bench only on the point, which is common in all these matters, whether the aforesaid appeals preferred to this Court under the Foreign Exchange Management Act, 1999 (hereinafter referred to as FEMA) against the judgment and order of the learned Appellate Tribunal, can be entertained for hearing condoning delay, taking recourse to the power of this Court under section 52(2) proviso of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA).

(2.) A Division Bench of this Court, while entertaining the applications for condonation of delay filed in connection with FEA 4 of 2003 and FEA 1 of 2004, could not agree with the views taken by another Division Bench of this Court Hon'ble Justice M. H. S. Ansari (as His Lordship then was) and Hon'ble Justice Soumita Pal in Their Lordships judgment dated 31st March, 2004, while deciding a number of matters involving identical point.

(3.) The earlier Division Bench in the case of Union of India and Anr. Vs. M/s. SMP Exports Pvt. Ltd. and Ors. and other three matters, held that Court's power to condone delay against the judgment and order of the Appellate Tribunal is governed by the provision of section 35 read with proviso of FEMA, even if the appeal has been preferred in relation to contravention of any provision of FERA after repeal.