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TMI Blog2024 (11) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Adjudicating Authority dropping the charges framed against the notice being Show Cause Notice issued u/s 6 (3)(a) and (h) of FEMA - HELD THAT:- Having heard the learned advocates for the respective parties and having perused the averments made in the application as well as the decisions relied upon, reading the proviso to Section 35 of the FEMA Act and in view of the judgment of the Hon ble S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SHAH(9990) NANAVATI NANAVATI(1933) FOR THE RESPONDENT ORAL ORDER (PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE) 1. Heard Mr. Harsheel D. Shukla, learned counsel for the applicant and Ms. Prachiti V. Shah, learned counsel for the respondents. 2. This application is filed seeking condonation of delay of 138 days caused in filing the appeal, challenging the order dated 27.09.2023 passed in Appeal N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The reliance was placed on Section 35 of the Foreign Exchange Management Act, 1999 (henceforth, the FEMA Act ). It was submitted that the proviso to Section 35 of the FEMA Act clearly indicates that the High Court, if satisfies that the appellant was prevented by sufficient cause from filing the appeal within 60 days, may allow it, to be filed within a further period not exceeding 60 days. 3.1 Whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate of Enforcement vs. Ashok J. Ramsinghani reported in 2011 SCC OnLine Bom 575, wherein similar view has been taken by the court in a matter arising out of Section 35 of the FEMA Act. It was further submitted that the aforesaid decision of the Hon ble High Court of Bombay, has also been followed in various decisions. She has, therefore, objected to the entertainment of the present applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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