A MICHAEL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. B. Kumar, learned senior counsel appearing for the writ petitioners and respondents in the appeals and Mr. K. Ramasamy, learned Special Counsel for the respondents in the writ petitions and appellants in the appeals.

(2.) W. P. No. 23744 of 2001 has been filed by A. Michael, the Respondent in CMA. No. 205 of 2002 praying for issue of Writ of Mandamus to direct the Deputy Director, Enforcement Directorate, Chennai, the 3rd Respondent to return and refund all the seized Foreign Currencies, Travellers Cheques and the penalty amounts to him forthwith as ordered in the order of adjudication dated 7. 1. 2000 in reference No. DD/mas/i/2000 (S. S.) of the 3rd Respondent and the order dated 18. 07. 2001 in appeal Nos. 263 and 574 of 2000 of the Appellate Tribunal for Foreign Exchange along with the interest at 18% per annum from the date of the seizure to the date of payment to the Petitioner and also to pay the value of the Foreign Currencies which have become invalid due to the failure of the 3rd Respondent to encash and deposit in a bank immediately on their seizure.

(3.) W. P. No. 23745 of 2001 has been filed by A. Michael, the Respondent in C. M. A. No. 205 of 2002 praying for a issue of Writ of Mandamus to direct the Respondent therein to file a complaint in writing under Section 56 of the Foreign Exchange Regulation Act, 1973, hereinafter referred to as FERA, at the appropriate Court at Chennai prosecuting the officials responsible for the contravention of the provisions of Section 57 of FERA, on account of their failure to comply with the orders and directions contain in the order of adjudication dated 7. 1. 2000 and the order in appeal dated 18. 7. 2001.