JATIN C. JHAVERI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is the petitioner in Writ Petition No. 2976 of 2004. By this notice of motion the applicant seeks implementation of the order dated 19 October, 2010 passed by this Court in Writ Petition No. 2976 of 2004 [ : 2011 (264) E.L.T. 371 (Bom.)].

(2.) BY order dated 19 October, 2010 another Division Bench of this Court by common order disposed of the three FERA appeals (bearing Nos. 64, 65 and 66 of 2006) filed by the Director of Enforcement and Writ petition No. 2976 of 2004 filed by the petitioner. The order dated 19 October, 2010 dismissed three FERA appeals filed by the Director of Enforcement on the ground that he is not entitled to file an appeal on behalf of the Central Government as held by the Apex Court in Mohtesham Mohd. Ismail v. Special Director, Enforcement Directorate and Anr. in, 2007 AIR SCW 6348 :, 2007 (220) E.L.T. 3 (S.C.). So far as the Writ Petition No. 2976 of 2004 is concerned, the order dated 19 October, 2010 allowed the petitioner's prayer for release of US $ 289250 by the Customs department and permitted to export the same with the permission of Reserve Bank of India. However, the claim for interest made by the petitioner at 18% from the date of seizure till release of the foreign currency was rejected. The Division Bench by its order dated 19 October, 2010 also granted the application of the revenue to stay the order releasing the amount of US $ 289250 which according to the revenue is lying with them, for a further period of 8 weeks.

(3.) CONSEQUENT to the order dated 19 October, 2010 in Writ Petition No. 2976 of 2004 the applicant approached the Customs Department seeking the refund of US $ 289250 along with no objection from the Reserve Bank of India to export the same. On 5 March, 2012, the Commissioner of Customs directed a refund of US $ 289250 to the applicant in accordance with the rules. On 12 April, 2012 the Dy. Commissioner of Customs sanctioned refund of Rs. 89,23,362/ -. This on the ground that that consequent to seizure, the US $ 289250 was converted into Indian rupees in 1994 resulting in Rs. 89,23,362/ -.