9911796707
TMI Blog2010 (1) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... cals Madras & Ors. – [1989 -TMI - 42485 - SUPREME COURT OF INDIA] was pleased to rule that in absence of any period of limitation, it is settled that every Authority is to exercise the power within a reasonable period - What would be reasonable period would depend upon the facts of each case. No hard and fast rules can be laid down in tins regard as the determination of the question will depend upon the facts of each case - The Department is not entitled to re-open old matters in this manner. - 2475 of 2004 - - - Dated:- 28-1-2010 - V.C. Daga and K.K. Tated, JJ. S/Shri G.R. Joshi a/w. Nina Kapadia i/b Pandya Gandhi Co., for the Petitioner. S/Shri A.J. Rana, Sr. Advocate with Bhate, for the Respondent. [Judgment per : V.C. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the projects in Oman and Iraq. In the month of March, 1990, respondents searched the premises of the Company and recorded the statement of the petitioner. Petitioner had furnished relevant information in respect of the Oman Project which was also furnished to the Reserve Bank of India. According to the petitioner, the project in Oman was of the value of less than Rs. One Crore therefore, permission from Reserve Bank of India was not required. The facts remained that the dues of the Company were not settled and the contract was terminated prematurely. Consequently, no proceeds of foreign exchange could be brought by the petitioner in the account. It appears that some time in the year 1991, the memorandum dated 18th March, 1991 relating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Anatule v. R.S. Nayak (1992) 1 SCC 225 which sets out the concerns which underline the right to a speedy trial. 7. In nutshell, challenge is to the adjudication proceedings sought to be conducted by respondent No. 1 against the petitioner, after the lapse of more than 12 years from the alleged date of issuance of the memorandum dated 18th March, 1991, relating to the acts and omissions resulting from the part of the work carried out by the said Company in Oman during the period 1980 to 1982. According to the petitioner, in the facts and circumstances of the case it has become next to impossible for him to remember the relevant facts or access documents relating to the work done by the company almost 30 years before as such he would not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of each case. No hard and fast rules can be laid down in tins regard as the determination of the question will depend upon the facts of each case. 11. Having taken survey of the law holding the field, the factual matrix of the case in hand, unequivocally go to show that the impugned action is sought to be taken after lapse of period of more than 12 years to adjudicate upon acts and omissions alleged to have been committed in the year 1982. No justification is placed on record to justify inaction for such a long period of 12 years for which petitioner is definitely not responsible. 12. Almost for a period of 12 years, no steps were taken by the respondents to proceed with the adjudication proceedings. No fault can be attributed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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