2018 (11) TMI 310 - HC - FEMA

Application for condonation of delay in filing the appeals - Conversion of petition to an appeal - Held that - When the petitions came up for consideration, our attention was invited to the decision of the Apex Court in Raj Kumar Shivhare Vs. Asstt. Director, Directorate of Enforcement, (2010 (4) TMI 432 - SUPREME COURT). Therefore, the appropriate remedy to challenge the impugned orders would be an appeal under Section 35 of the FEMA. It is an undisputed position that both these petitions have been filed within a period of 120 days from the date of the impugned order of the Appellate Tribunal as provided under Section 35 of the FEMA. Mr. Jain, prays that he be allowed to convert this petition into an appeal. Mr. Vyas for the respondent has no objection at this being allowed. Thu the petitioners are allowed to convert both the petitions into appeals under Section 35 of the FEMA. The petitioners would take the necessary steps including payment of appropriate Court Fees etc. with the Registry to convert both the petitions into appeals on or before 30th November, 2018

Summary

Issues:
1. Amendment of prayer clauses in Writ Petition No.392 of 2018.
2. Challenge to orders passed by the Appellate Tribunal under FEMA.
3. Conversion of petitions into appeals under Section 35 of FEMA.

Amendment of Prayer Clauses:
The judgment begins with Mr. Jain seeking leave to amend the prayer clauses in Writ Petition No.392 of 2018 to specify the date of the impugned order of the Tribunal. The Court grants leave for the amendment and directs that it be carried out immediately, dispensing with reverification.

Challenge to Appellate Tribunal Orders:
Both petitions were filed against orders of the Appellate Tribunal under FEMA, which dismissed the petitioner's application for condonation of delay in filing appeals and subsequently dismissed the appeals. The Court refers to the decision in Raj Kumar Shivhare case and determines that the appropriate remedy to challenge these orders is an appeal under Section 35 of FEMA. Notably, both petitions were filed within the 120-day period from the date of the impugned orders, as required by Section 35 of FEMA.

Conversion into Appeals under Section 35 of FEMA:
Mr. Jain requests to convert the petition into an appeal, which is not opposed by Mr. Vyas for the respondent. The Court allows the petitioners to convert both petitions into appeals under Section 35 of FEMA. The petitioners are directed to take necessary steps, including payment of court fees, to convert the petitions into appeals by a specified date. Failure to complete this conversion by the deadline would result in the dismissal of both petitions without further reference to the Court.

This judgment primarily addresses the procedural aspects of amending prayer clauses in a writ petition, challenging orders of the Appellate Tribunal under FEMA, and converting petitions into appeals under Section 35 of FEMA. The Court emphasizes compliance with statutory timelines and procedures, ensuring that the petitioners take necessary actions to convert the petitions into appeals within the stipulated timeframe to avoid dismissal of the petitions.