9911796707
TMI Blog2017 (3) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ordingly, the order under appeal is set aside and the writ petition is restored to file for consideration afresh in the light of the observations made above. - LPA 152/2017 - - - Dated:- 22-3-2017 - MS. SANGITA DHINGRA SEHGAL Appellants Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Ajay Laroia, Ms. Sahiba Pantel, Ms. Sumati Sharma, Mr. Siddharth Chopra, Ms. Meenakshi, Advs. Respondents Through: Mr. Anurag Ahluwalia, CGSC with Ms. Nisha Sharma, Mr. Bhav Rarora, Advs. J U D G M E N T Ms. G. ROHINI, CHIEF JUSTICE C.M. No. 8530/2017(exemptions) Allowed, subject to all just exceptions. C.M. No. 8531/2017(delay of 4 days in refilling) Heard. In view of the facts and circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat an alternative efficacious remedy of appeal is available against the impugned order under Section 17 of the Foreign Exchange Management Act, 1999 (for short 'FEMA'). 4. Assailing the said order, it is contended by Sh.Kirti Uppal, the learned Senior Counsel appearing for the appellant/writ petitioner that the order dated 08.09.2015 of the Adjudicating Officer being in violation of the principles of natural justice, the availability of alternative remedy is not a bar to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. It is sought to be explained by the learned Senior Counsel that in spite of numerous written requests made by the appellant, no opportunity was provided by the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility of the appellant is not created under any common law principle but it is clearly statutory liability and for which the statutory remedy is an appeal under Section 35 of FEMA subject to the limitation contained therein, it was held by the Supreme Court that even if High Court had territorial jurisdiction, it should not have entertained a writ petition which impugns an order of a Tribunal when such an order on a question of law is appealable before the High Court under Section 35 of FEMA. 8. However, in later part of the judgment while referring to the contention on behalf of the respondents that no writ petition can be maintained when the statute itself prescribes the remedy of appeal, it was made clear by the Supreme Court as un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation, payment of court fees or deposit of some amount of penalty or fulfillment of some other conditions for entertaining the appeal. (See para 13 at page 408 of the report). It is obvious that a writ court should not encourage the aforesaid trend of by-passing a statutory provision. 9. As we could see in Raj Kumar Shivhare (Supra) the challenge was not on the ground of lack of jurisdiction or violation of principles of natural justice. In the facts and circumstances of the said case, it was concluded that the writ petition cannot be entertained in the light of statutory remedy of appeal. However, in para-38 it was reiterated that in cases of complete lack of jurisdiction or violation of Rules of Natural Justice, notwithstandi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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