1982 (7) TMI 264 - HC - FEMA

Summary

Issues involved: Interpretation of Foreign Exchange Regulation Act, 1973; Delay in adjudication proceedings; Lack of formal order in adjudication process.

Interpretation of Foreign Exchange Regulation Act, 1973:
The petitioner, a sole proprietor of a firm, received a show cause notice in 1966 for alleged violation of the Foreign Exchange Regulation Act, 1973. The firm responded to the notice in August 1966. Subsequently, the Director of Enforcement called for a hearing in New Delhi, which was attended by the firm's representatives and legal counsel. Despite the hearing, no formal order was passed, and adjudication proceedings were initiated in 1977 without a clear resolution from the department.

Delay in adjudication proceedings:
After a significant delay of 11 years, the Enforcement Office scheduled adjudication proceedings in 1977. The petitioner highlighted the lack of a formal order and the lifting of earlier directions to the Reserve Bank of India. The Addl. Director's request for the adjudication order indicated a misunderstanding of the situation. The petitioner emphasized that the department failed to conduct adjudication proceedings for over a decade, raising questions about the validity of reopening such a stale matter.

Lack of formal order in adjudication process:
The petitioner expressed concerns about the absence of a formal order following the hearing in New Delhi. The court noted that the department's failure to clarify the situation and the destruction of relevant records by the firm added to the complexity of the case. Despite the lack of a formal order, the court deemed the matter stale and not subject to reopening, as it would cause prejudice to the petitioner. The court emphasized that the department cannot initiate adjudication proceedings years after the original notice without proper justification or evidence of wrongdoing by the petitioner.

In conclusion, the court ruled in favor of the petitioner, making the rule absolute and ordering the respondents to pay the costs of the petition. The judgment highlighted the importance of timely adjudication, proper documentation, and the prevention of undue prejudice to parties involved in legal proceedings.