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TMI Blog2013 (11) TMI 861X X X X Extracts X X X X X X X X Extracts X X X X ..... ner shall also be refunded to the petitioner along with interest as per Section 42 sub-section (3) of the FERA, within the aforesaid period - The petitioner having unnecessarily been dragged to this Court shall be entitled to the costs of this proceedings assessed at 300 GMs to be paid to the petitioner along with the amounts refundable - Decided in favour of appellant. - WP No. 1043 of 2006 - - - Dated:- 21-8-2012 - Indira Banerjee,JJ. Mr. Anjan Kumar Mukherjee Mr. Sourav Chowdhury ORDER The Court :- This writ application was called on for hearing on August 7, 2012. Since no one had appeared on behalf of the respondents, this Court directed the petitioner to give further notice. Pursuant to the order of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.1,30,000/- to Rs. 30,000/-. In spite of representations, the balance penalty that the petitioner had deposited by way of pre-deposit, before hearing of the appeal, was not refunded. On 16th January, 2004 the respondents filed a belated appeal in this Court under Section 35 of the Foreign Exchange Management Act, 1999, hereinafter referred to as `FEMA along with an application under Section 5 of the Limitation Act for condonation of delay. By an order dated 29th June, 2004 the Hon ble Division Bench referred the application under Section 5 of the Limitation Act along with other similar matters to a larger Bench for deciding the question of whether delay in filing an appeal under Section 35 of FEMA could be condoned under Section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to comply with or implement the order of the Foreign Exchange Appellate Tribunal in Appeal No. 274 of 1994. The writ application is disposed of by directing the concerned respondents to forthwith refund the proceeds of the Indira Vikas Patra along with further interest that might have accumulated thereon within a fortnight from the date of communication of this order. The Indian Currency and the balance penalty deposited by the petitioner shall also be refunded to the petitioner along with interest as per Section 42 sub-section (3) of the FERA, within the aforesaid period. The petitioner having unnecessarily been dragged to this Court shall be entitled to the costs of this proceedings assessed at 300 GMs to be paid to the petitioner a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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