2022 (11) TMI 141 - HC - FEMA

Appeal before the Appellate Tribunal - Appellate Tribunal was not functional in the absence of members having been appointed - Tribunal has become functional and the Court is informed that Members as well as the Chairperson have come to be appointed - As petitioner submits that it chooses not to pursue the appeal which is pending before the Tribunal subject to rights being reserved to agitate all questions in the pending writ petition. This, in the backdrop, as Mr. Ganesh would contend, of the fact that pleadings have been duly exchanged on the instant writ petition and the Division Bench has framed directions for the disposal of the writ petition itself. In view of the aforesaid, let the petitioner, if so chosen and advised, withdraw the appeal which is pending before the Appellate Tribunal subject to rights being reserved to pursue and agitate all questions in the instant writ petition.

Summary

Issues Involved:
1. Whether the writ petition should be continued despite the appeal pending before the Appellate Tribunal.

Analysis:
The High Court noted that the writ petition was entertained even though the petitioner had filed an appeal before the Appellate Tribunal challenging the impugned order. Initially, the Tribunal was non-functional due to the absence of appointed members. However, it was later informed that the Tribunal had become functional with appointed Members and Chairperson. The primary issue that arose was whether the writ petition should be maintained in light of these developments.

The petitioner's Senior Counsel, Mr. Ganesh, informed the Court that they preferred not to pursue the appeal pending before the Tribunal. Instead, they chose to reserve the right to raise all issues in the ongoing writ petition. Mr. Ganesh highlighted that pleadings had been exchanged in the writ petition, and a Division Bench in LPA No. 487/2022 had issued directions for the writ petition's disposal. Considering these circumstances, the Court allowed the petitioner to withdraw the appeal before the Appellate Tribunal, while reserving the right to address all matters in the writ petition.

As a result, the Court scheduled the case for a further hearing on 18.10.2022 under the category of "End of Board." This decision aimed to provide the petitioner with the opportunity to proceed with the writ petition while withdrawing the appeal before the Tribunal, ensuring that all relevant issues could be addressed and adjudicated comprehensively.