LALIT D SHETH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the appellant under Section 49(5)(c) of the Foreign Exchange Management Act, 1999 ("FEMA Act" for short) against the order dated 2nd December, 2005 passed by the second respondent (Tribunal) in Appeal No. 533/1991.

(2.) The factual matrix reveals that the appellant had initially filed Writ Petition No. 546/2006 on 9th January, 2006. The said writ petition was heard for admission by the Division Bench of this Court. The learned Division Bench finding alternate remedy by way of appeal available to the petitioner allowed the petitioner, vide order dated 7th April, 2006 to withdraw the said petition with liberty to file appeal with further liberty to make out ground for condonation of delay. The appellant armed with the aforesaid order of the learned Division Bench has preferred this appeal on 24th July, 2008 along with notice of motion praying for condonation of delay of 154 days in preferring appeal. An affidavit in support of notice of motion is filed bringing the aforesaid facts on record.

(3.) On being noticed, respondents appeared through Mr. A.S. Rao, Advocate. He did not file any affidavit in reply to the notice of motion. Consequently, there is no strong opposition. He, however, orally urged absence of power in this Court to condone delay in filing appeal.