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TMI Blog2022 (4) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... r direction to deposit the penalty amount in Jaipur Office, cannot be termed as a part of cause of action. This Court finds that the complaint which was filed against the petitioner, has resulted into issuance of show cause notice to the petitioner and thereafter, adjudication has to take place and as such the petitioners cannot be allowed to state that part of cause of action, has arisen in the territory of State of Rajasthan. This Court finds that initially the petitioner had filed writ petition against show cause notice in the Punjab and Haryana High Court at Chandigarh and after an order being passed to approach the respondents by giving a detailed and comprehensive representation, the Authorities have finally ajdudicated the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, in the wake of statutory alternative remedy available to the petitioners, would not like to entertain the present petition filed under Article 226 of the Constitution of India. Accordingly, this writ petition is dismissed on account of alternative, statutory remedy available to the petitioners as well as on the ground of lack of cause of action arisen before this Court. - S.B. Civil Misc. 2nd Stay Application No. 3316/2022 In S.B. Civil Writ Petition No. 10463/2019 - - - Dated:- 5-4-2022 - Hon'ble Mr. Justice Ashok Kumar Gaur For the Petitioner(s) : Mr. Prateek Gattani, Adv., Mr. Vikas Kabra, Adv. For the Respondent(s) : Mr. Anand Sharma, Adv. ORDER The present writ petition has been filed by the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after decision of the writ petition by the Punjab and Haryana High Court, the proceedings were carried out by the Additional Director and after taking into account various facets of the case, the Authority while exercising the power under Section 13 (1) of the FEMA, 1999, has imposed penalty on the petitioners. Learned counsel for the respondents submitted that writ petition preferred by the petitioners at Jaipur Bench, Jaipur is not maintainable as no part of cause of action has arisen in the territory of the State of Rajasthan. Learned counsel for the respondents also submitted that the order dated 26.04.2019 passed by the Additional Director itself makes a mention that appeal against the order dated 26.04.2019 is maintainable befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents, is not required to be entertained by this Court, as there is a violation of principle of natural justice. Learned counsel submitted that Foreign Exchange Management (Adjudication Proceedings and Appeal), Rules 2000, have not been followed by the respondents and the mandatory provisions as contained in Rule 4 of the Rules of 2000, has been flagrantely violated. Learned counsel for the petitioners submitted that after service of show cause notice on the petitioners, the Authorities were first required to afford an opportunity to the petitioners and after considering the reply/defence taken by the petitioners, the Authorities were thereafter required to form its opinion and give a notice for adjudication. Learned counsel su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the petitioner, has resulted into issuance of show cause notice to the petitioner and thereafter, adjudication has to take place and as such the petitioners cannot be allowed to state that part of cause of action, has arisen in the territory of State of Rajasthan. This Court finds that initially the petitioner had filed writ petition against show cause notice in the Punjab and Haryana High Court at Chandigarh and after an order being passed to approach the respondents by giving a detailed and comprehensive representation, the Authorities have finally ajdudicated the issue of violation of Foreign Exchange and order dated 26.04.2019 has been passed. The submission of learned counsel for the petitioners that the petitioners are resid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution of India. Learned counsel for the petitioners, at this juncture, submitted that the writ petition is pending before this Court since 2019 and there is a timeline provided under Section 19 of the FEMA, 1999 to file an appeal and as such the petitioners would be deprived to file their appeal and they will not be able to defend themselves, suffice it to say by this Court that the provisions, contained in Section 19 of the FEMA, 1999, gives power to the Appeallate Tribunal to consider the issue of limitation and if proper cause is shown by the litigant, the Authorities can also condone the delay period after considering the entire facts and law. Therefore, this apprehension of the petitioners is wholly unfounded. Learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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