UNION OF INDIA Vs. DIMPLE D. SHETH

JUDGEMENT

(1.) These Civil Applications by the applicant - Union of India through the Director of Enforcement, Mumbai seek to challenge a conditional order of the Registrar (Judicial) of this Court dated 10th March, 2015 dismissing FERA Appeal No. 46 of 2006 and other appeals.

(2.) It is common ground that these appeals have been filed under Section 52 of the then Foreign Exchange Regulation Act, 1973 challenging the order dated 30th May, 2003 of the Appellate Tribunal.

(3.) These appeals were admitted and are pending for compliance with the office objections. The objections arise because in terms of the applicable procedural rules, the appellant/applicant before us is obliged to supply the Registry of this Court all the documents and records forming part of the adjudication order and the appeal so as to enable the Registry to prepare a paper book. There have been defaults on the part of the appellant/applicant. These defaults are noted in the affidavit filed in reply by the respondents and they have been emphasising that though the appeals had been admitted way back on 31st August, 2007 and a facility was given to the applicant/appellant to supply a private paper book, still the defaults continue and therefore, the Registry was left with no choice but to dismiss the appeals without adjudication on merit. Now the question arises whether the same opportunity should be given again.