High Court rejects Modis' petition in foreign exchange case | Latest News Delhi - Hindustan Times
close_game
close_game

High Court rejects Modis' petition in foreign exchange case

PTI | By, New Delhi
Feb 15, 2009 02:19 PM IST

The Delhi High Court has dismissed a petition filed by Modi Rubber and its two directors V K Modi and B K Modi challenging the order of a tribunal referring a case of alleged foreign exchange irregularities to the authorities for fresh consideration.

The Delhi High Court has dismissed a petition filed by Modi Rubber and its two directors V K Modi and B K Modi challenging the order of a tribunal referring a case of alleged foreign exchange irregularities to the authorities for fresh consideration.

HT Image
HT Image

The Appellate Tribunal Foreign Exchange (ATFE) had, while setting aside the Enforcement Directorate order of slapping a fine Rs one crore on the company and Rs 5 lakh each on directors, directed the authorities to reconsider the case.

Unlock exclusive access to the story of India's general elections, only on the HT App. Download Now!

The company and its directors approached the High Court contending that the tribunal cannot refer the matter back to the department and it should decide their appeal on merit.

Rejecting their petition, Justice Kailash Gambhir of the High Court held that the ATFE was right and it could remand back a matter for a proper and effective decision.

"Power to remand is an important postulate to any authority exercising appellate jurisdiction and such power of the appellate authority is a necessary commitment of the powers of the appellate authority to do complete justice," he said.

The court also rejected their contention that their cases should be governed by the old act FERA and not by FEMA. FERA was repealed and FEMA was brought in.

"... (The) argument of the appellants that the appeal would be governed by the old act is misplaced," said the court, observing that Section 49(1) of FEMA clearly states that all FERA cases would be transferred to the new tribunal.

In 2004, the authorities had slapped a penalty on the company and two directors -- V K Modi and B K Modi -- after their alleged failure in furnishing proof of foreign exchange, and copies of the bill of entries.

Unveiling 'Elections 2024: The Big Picture', a fresh segment in HT's talk show 'The Interview with Kumkum Chadha', where leaders across the political spectrum discuss the upcoming general elections. Watch now!
SHARE THIS ARTICLE ON
Share this article
SHARE
Story Saved
Live Score
OPEN APP
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Wednesday, April 17, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On