SHIRISH HARSHAVADAN SHAH Vs. DEPUTY DIRECTOR, E D

JUDGEMENT

(1.) Petitioner is seeking a Writ of Certiorari or a Writ in the nature of Certorari and/or appropriate direction to quash and set aside the memorandum dated 18th March, 1991 and notice dated 1st January, 2004. The petitioner is facing adjudication proceedings under the provisions of Foreign Exchange Regulation Act, 1947, Foreign Exchange Regulation Act, 1973 and Foreign Exchange Management Act, 1999 for the alleged acts and omissions alleged to have been committed in the year 1980.

(2.) The petitioner was a non-executive Director of a company known as M/s. Shah Construction Co. Ltd. ("the said company" for short). The said Company was reconstituted, with the result, petitioner ceased to be an associate of the said Company after 1996.

(3.) The factual matrix reveal that in or about 1980-81, the Ministry of Defense in Oman had issued a tender for carrying out work of residential and office building known as Saiq Package, at Muscat, Oman. Due to certain financial and other difficulties, the contract awarded to the Company of which petitioner was a Director came to be terminated by the Ministry of Defence. The amounts due to the said Company and its machinery were appropriated by the Ministry of Defence on termination of the contract.