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LPA/818/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 818 of 2008
In
SPECIAL
CIVIL APPLICATION No. 29141 of 2007
With
CIVIL
APPLICATION No. 9629 of 2008
In
LETTERS PATENT APPEAL No. 818 of 2008
=========================================
HIRABEN
MOHANLAL AMIN WD/O MOHANLAL
KARSANDAS
AMIN & 3 - Appellant(s)
Versus
UNION
OF INDIA & 1 - Respondent(s)
=========================================
Appearance :
MR
BB NAIK for Appellant(s) : 1 - 4.
None for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
and
HONOURABLE
MR.JUSTICE J.C. UPADHYAYA
Date
: 14/08/2008
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
Mr. B.B. Naik,
learned counsel for the appellant states that the show cause notice
impugned in the present proceedings is issued on the basis of
conviction of late Mohanlal Karsandas Amin, by judgment and order
dated 4th May, 1991, passed by the learned Chief Judicial
Magistrate, Mehsana for violation of Foreign Exchange Regulations
Act, 1973, that Mohanlal Karsandas Amin expired on 8th
July, 1997 and thereafter, the impugned notice has been issued on
15th October, 2007 to the widow of the deceased (appellant
No.1), 92 year old Partner of the deceased (appellant No.2) and
nephew of the deceased (appellant No.3), who joined the Partnership
firm in the year 1996.
2. It is therefore,
submitted by Mr. Naik that the above facts are sufficient to show the
prejudice to the appellants on account of the gross delay of 16 years
in issuing the notice under Foreign Exchange Manipulators (Forfeiture
of Property) Act, 1976. Mr. Naik has placed reliance on the decision
of the Apex Court in State of Punjab and ors. Vs. Bhatinda District
Co-operative Milk Producers’ Union Limited ? 2007 (11) SCC 363.
Mr. Naik further submits that Special Civil Application is already
admitted and, therefore, in view of the above peculiar facts, the
learned Single Judge ought not to have vacated the ad-interim relief
and ought to have confirmed the ad-interim relief as interim relief,
till final disposal of the petition.
3. Notice for final
disposal returnable on 16th September, 2008.
4. Direct service is
permitted to the respondents.
5. Till the next date
of hearing, the ad-interim relief granted by the learned Single
Judge on 26.11.2007 shall continue to operate.
(M.S. Shah,
Actg. C.J.)
(J.C. Upadhyaya,
J.)
*/Mohandas
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