SPECIAL DIRECTOR OF ENFORCEMENT Vs. M. KISHAN RAO

JUDGEMENT

(1.) Since the application for condonation filed by the appellant and the appeal is contested by the respondent, I have heard learned Stranding Counsel for the appellant and learned senior counsel appearing for the respondent.

(2.) The appeal arises under the following circumstances:-

(3.) The Appeals, bearing Nos.81 and 82 of 2009, before the appellate tribunal, as stated above, was adjudicated upon by the order of the Tribunal, dated 21.08.2009, whereby both the appeals were allowed and impugned orders were quashed and set aside. As against the order in appeal No.82 of 2009, the present C.M.S.A. is preferred by the appellant. Since the said appeal was filed on 16.02.2010 under Section 35 of the FEMA, the petitioner also filed an application seeking condonation of delay of 88 days in presentation of the said appeal vide C.M.A.M.P.No.34 of 2010. The said condone delay petition and maintainability of the appeal is in question in the present proceedings.