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TMI Blog2017 (8) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... present case and do not call for interference to the facts of the instant case. Writ petition is disposed of directing petitioner Nos.2 to 4, who are the legal representatives of deceased petitioner No.1, to file an appeal before the Special Director (Appeals) under Section 17 of FEMA and if such an appeal is filed within a period of forty five (45) days from today, the appellate Forum shall consider the question of limitation having regard to the provision of Section 14 of the Limitation Act, 1963 and also having regard to the fact that petitioner Nos.2 to 4 were bona fidely pursuing their case under Article 226 of the Constitution of India before this Court. Along with the appeal, petitioner Nos.2 to 4 shall also make an application se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 16, Caulfield Road, E6, London and was working in a company for the past 3 4 years; that at the time of sending his son abroad, he borrowed amounts in Hyderabad from his friends and relatives; that during the last week of April/1st week of May, 2005, when his son called him on his residential telephone No.55177577, he reminded him of the commitment to repay the loans; that his son informed him that he would make arrangements and call back. Accordingly, during the 2nd week of May, 2005, his son called him again on his residential telephone number and informed him that he has arranged to send ₹ 6 lakhs which would be paid to him in Hyderabad by a person after calling him. He also told him that he was also going to give his daughter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord. 4. Though various grounds are raised more particularly, with regard to the jurisdiction of the authority in passing the impugned order and the missing link of transfer of money by foreign exchange, the learned counsel for the petitioners submits that in view of the objection raised by the learned Standing Counsel for the respondents as to the maintainability of the writ petition, in view of alternate remedy available to the petitioners, the petitioners seek permission to avail the remedy available to them under law. Similar situation came up for consideration before the Apex Court in United Bank of India vs. Satyawati Tondon and others (2010) 8 Supreme Court Cases 110. It was a case where the Apex Court was dealing with the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute. 44. While expressing the aforesaid view, we are conscious that the powers conferred upon the High Court under Article 226 of the Constitution to issue to any person or authority, including in appropriate cases, any Government, directions, orders or writs including the five prerogative writs for the enforcement of any of the rights conferred by Part III or for any other purpose are very wide and there is no express limitation on exercise of that power but, at the same time, we cannot be oblivious of the rules of selfimposed restraint evolved by this Court, which every High Court is bound to keep in view while exercising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks, Mumbai (1998) 8 SCC 1 and Harbanslal Sahnia and another v. Indian Oil Corporation Ltd. (2003) 2 SCC 107 and some other judgments, then the High Court may, after considering all the relevant parameters and public interest, pass an appropriate interim order. 55. It is a matter of serious concern that despite repeated pronouncement of this Court, the High Courts continue to ignore the availability of statutory remedies under the DRT Act and the SARFAESI Act and exercise jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with great ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution, we give liberty to the appellant, if so advised, to file an appeal before an appropriate High Court within the meaning of Explanation to Section 35 of FEMA and if such an appeal is filed within a period of thirty days from today, the appellate forum will consider the question of limitation sympathetically having regard to the provision of Section 14 of the Limitation Act and also having regard to the fact that the appellant was bona fide pursuing his case under Article 226 of the Constitution before the Delhi High Court and then its appeal before this Court. 6. From the judgments referred to above, it is clear that when the statutory alternative remedy of appeal is available, the High Court should not entertain an applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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