M/S Sachdeva & Sons Industries … vs Union Of India And Others on 8 May, 2009

FAO No.1043 of 2009            -1 -


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

                                           CM No.4631-CII of 2009
                                           FAO No.1043 of 2009 (O&M)

                                           Date of Decision: 8.5.2009


M/s Sachdeva & Sons Industries Pvt.Ltd and others
                                                        ..Appellants.

Vs.

Union of India and others
                                                        ..Respondents.

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

Present: Mr.P.S.Hundal and Mr.Vaneet Soni, Advocates for the
appellants.

Mr.D.D.Sharma, Advocate for the respondents.

RAKESH KUMAR JAIN, J.(ORAL)

This appeal is directed against the order dated 11.12.2008

passed by Appellate Tribunal for Foreign Exchange vide which application

filed by the appellant under section 19(1) of the Act for entertaining the

appeal without pre-deposit of the amount ordered by the Special Director of

Enforcement, Directorate of Enforcement vide order dated 20.6.2008, has

been dismissed.

Notice of motion was issued in this appeal. Mr.D.D.Sharma,

Advocate represents the respondents.

At the outset, learned counsel for the appellants has pointed out

that the Tribunal has wrongly recorded a fact in the order that penalty

amount against appellant Company is Rs.12 Crores and against two other

appellants is Rs.6 Crores each. It is submitted that penalty amount against
FAO No.1043 of 2009 -2 –

appellant Company is Rs.6 Crores and against other two appellants is Rs.3

Crores each. This fact is not disputed by learned counsel for the

respondents.

Learned Counsel for the appellants has then submitted that

since a material fact has been wrongly recorded by the Tribunal in the

impugned order, therefore, the appeal may be remanded back to the

Tribunal for fresh decision.

This contention is also not disputed by the learned counsel for

the respondents.

Consequently, order dated 11.12.2008 passed by Appellate

Tribunal for Foreign Exchange is hereby set aside. The matter is remanded

back to the Appellate Tribunal for Foreign Exchange for deciding the

application afresh keeping in view the amount, which is due against the

Company as well as against the appellants. Let the Tribunal take a decision

in this regard within a period of 60 days from the date of appearance of the

parties before it and receipt of certified copy of this order. The parties are

directed to appear before the Tribunal on 4.6.2009.

                                              (Rakesh Kumar Jain)
8.5.2009                                             Judge
Meenu