V.K. VERMA Vs. ENFORCEMENT DIRECTOR

JUDGEMENT

(1.) THESE petitions challenge the order dated 23rd April 2002 passed by the learned Additional Chief Metropolitan Magistrate ('ACMM') , Patiala House Courts, New Delhi summoning the Petitioners in Complaint No.310/1/2002 filed under Section 57 of the Foreign Exchange Regulation Act, 1973 ('FERA') for failure to pay the penalty amount and the order dated 17th May 2003 passed by the learned ACMM framing notice in respect of the said offence against the Petitioners.

(2.) THE background to the present petition is that a memorandum -cum - show cause notice ('SCN') dated 25th October 1989 was issued to Continental Construction Limited ('CCL') and its Directors in respect of purported violations of Sections 9(1)(a), 19(1)(d) as well as 29(1)(b) read with Section 68 FERA.

(3.) IT is the case of the Petitioners that along with the appeals filed on 2nd November 1990, they had also filed applications for stay of the enforcement of the AO i.e. the recovery of penalties. The appeals along with the applications for stay were taken up by the AT on 26th May 1995. It is the case of the Petitioners that on that day the Chairman of the AT heard the appeals and granted stay but that stay order was somehow not communicated.