ADARSH KAUR GILL Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) THE petition impugns the order dated 26th September, 2003 of the Enforcement Directorate under the Foreign Exchange Regulation Act (FERA), 1973 to the extent it exonerates the respondent No.3 Gurnir Singh Gill and respondent No.4 Smt. S.K. Gill. THE petitioner also seeks a mandamus to the Enforcement Directorate to ensure fresh adjudication qua the respondents No.3&4.

(2.) NOTICE of the petition was issued on 17th February, 2004 and Rule was issued on 9th November, 2004. The counsel for the petitioner, the counsel for the Enforcement Directorate and the counsel for the respondents No.3&4 have been heard.

(3.) THE counsel for the Enforcement Directorate has also referred to Raj Kumar Shivhare Vs. Assistant Director, Directorate of Enforcement (2010) 4 SCC 772 to contend that the Apex Court has in the said judgment commented adversely to the entertaining of the writ petitions where the alternative remedy of appeal is provided.