2019 (8) TMI 216 - HC - FEMA

Remedy of instituting an appeal to the Special Director (Appeals) - impugned order was served upon Petitioners by pasting on the premises sometime on 23rd February 2019 and this Petition was lodged in the first week of May 2019 - time limitation - HELD THAT - If any issue of limitation arises we are sure that the Appellate Authority will give due regard to all these circumstances. However since the Petitioners haves alternate and efficacious remedy available under the FEMA itself we are not inclined to entertain this Writ Petition. This Petition is disposed of by granting liberty to the Petitioners to institute an appeal against the impugned order in case the Petitioners so choose. All contentions of the Petitioners are expressly kept open since we have not examined the merits of the matter.

Summary

The Bombay High Court dismissed a petition challenging an order under FEMA, granting the petitioners the liberty to appeal to the Special Director (Appeals) instead. The petitioners claimed the order was served late, but the court emphasized the availability of an alternate remedy under FEMA. The court did not examine the merits of the case and kept all contentions open.