UNION OF INDIA Vs. ATUL LALL MAJOR

JUDGEMENT

(1.) In this intra-court appeal filed under Section 4 of the Karnataka High Court Act, 1961. The appellant has assailed the validity of the order dated 25th January, 2011 passed in WP No.16620/2010 by the learned Single Judge, by which, a show cause notice dated 5.2.2010 issued by the Deputy Director as contemplated under Section 7(1)(a) of the Foreign Exchange Management Act, 1999 (hereinafter referred to as 'Act') pertaining to the violation of provisions of Foreign Exchange Regulation Act, 1973 has been quashed.

(2.) Facts giving rise to the filing of this appeal briefly are stated that the respondent was one of the directors of M/s.Entel (Pvt.) Limited. A show cause notice dated 5.2.2010 was issued to the respondent, by which, the respondent was asked as to why the proceedings as contemplated under Section 13(1) of the Act for violation of Section 7(1) of the Act should not be initiated against the respondent. The respondent challenged the validity of the aforesaid order in the writ petition before the learned Single Judge inter-alia on the ground that the show cause notice is per se without jurisdiction as the same has been quashed by the learned Single Judge by order dated 25th January, 2011.

(3.) In the aforesaid factual background, this appeal has been filed.