ENFORCEMENT DIRECTORATE Vs. AMERICAN EXPRESS BANK

JUDGEMENT

(1.) By virtue of this application, the appellant seeks to condone the delay of 119 days in filing the accompanying appeal inter alia on the ground that the criminal appeal has been filed by the appellant under Section 54 of Foreign Exchange Regulation Act, 1973 (hereinafter referred to as "FERA") against the order dated 31.01.2011 passed by the learned Appellate Tribunal for Foreign Exchange in Appeal No.03/07, 6/07 and 34/07 filed by the respondents. The certified copy of the impugned order dated 31.01.2011 was received on 04.04.2011. The collective decision was required to be taken in the government departments at various levels, therefore, valuable time was consumed. As such, it was prayed that delay in filing the appeal be condoned.

(2.) The application has been contested by the respondents no.2 and 3, who have filed their separate replies.

(3.) Mr. Rajeev K. Virmani, learned senior counsel for respondent no.3 submitted that the present appeal though styled as one under Section 54 of FERA, could only be filed under Section 35 of FEMA. The appeal under Section 54 of FERA can be filed before the High Court only against an order or decision of the Appellate Board constituted under Section 52 of FEMA. The Appellate Board was dissolved with effect from 01.06.2000 by virtue of Section 49(1), FERA. Any appeal filed against the order of Appellate Tribunal for Foreign Exchange constituted under Section 18 of FEMA would be governed by the procedure prescribed under FEMA and not FERA. Reliance was placed on Union of India, through the Directorate of Enforcement vs. Ashok J. Ramsinghani, 2011 107 SCL 335 ) where it was observed: