LAWS(KAR)-2021-9-1

NATARAJ DAKSHINAMURTHY Vs. DIRECTORATE OF ENFORCEMENT

Decided On September 02, 2021
Nataraj Dakshinamurthy Appellant
V/S
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) In all these cases regardless of bulky paper books, the grievance of the petitioners is against issuance of subject notice and "purported complaint" both dated 24.12.2018 asking them to show cause as to why adjudication proceedings in terms of section 16(1) r/w sec. 13 of the Foreign Exchange Management Act, 1999 (hereafter 'FEMA') should not be initiated against them.

(2.) The above notice is triggered on the basis of the complaint dated 24.12.2018 filed inter alia u/s.16(3) for alleged contravention of the provisions of sections 3(b), 5, 6(2)(a) and 10(6) of FEMA r/w. Regulations 3 and 4(a) of the Foreign Exchange Management (Permissible Capital Account Transactions) Regulation 2000 in relation to a foreign exchange equivalent to Rs.1,80,77,58,989-00. As already mentioned above, all the petitioners seek quashment of the complaint as well.

(3.) The essential ground of challenge to the impugned notice and complaint is that both they lack in minimum material particulars, they do not make any sense, they being as vague as can be and thus, the petitioners are in a disadvantageous position of not replying thereto. A plethora of rulings is pressed into service by their counsel in support of his submissions.