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TMI Blog2014 (1) TMI 1964X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 51 of the Foreign Exchange Regulation Act, 1973 (for brevity, "FERA"), should not be held against them for contravention of Sections 8(1) and 9(1)(a) and 14 of the FERA. The said notices were suitably replied to by the respondent, which resulted in two separate adjudication orders, dated 17.04.2009, by the adjudicating authority imposing penalties on the respondent. As against the said orders, two appeals i.e., Appeal Nos. 81 and 82 of 2009, were filed by the respondent before the appellate tribunal for foreign exchange. It may be noted that in the meanwhile the FERA was substituted by Foreign Exchange Management Act, 1999 (for short, "FEMA") and the said later Act was brought into force with effect from 01.06.2000. As provided under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abad Office on 13.11.2009, which was received in Hyderabad on 24.11.2009 for which the comments from Hyderabad office were sent to New Delhi office on 01.12.2009. Thereafter on 11.12.2009, New Delhi office sent instructions to Hyderabad for filing of appeals, which was received in Hyderabad office on 22.12.2009. It is stated that original certified copy was received in Hyderabad office from New Delhi on 28.12.2009 and the appeal came to be filed on 16.02.2010. The delay aforesaid is, therefore, being explained on account of the circumstances, condonation of delay under Section 5 of the Limitation Act, 1963, (for short, "the Act") is sought. 4. This application for condonation is opposed by the respondent by filing a counter affidavit, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of two years from the date of the commencement of this Act. 7. It is also to be noted that FEMA was enforced from 01.06.2000. Section 35 of the FEMA provides as follows: 35. Appeal to High Court - Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 8. In this case, the violation alleged against the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of 60 days and not beyond. An appeal to this Court under Section 35 of FEMA can be entertained, if filed within a maximum period of 120 days of communication of the order of the appellate tribunal. 10. Section 29(2) of the Act reads as follows: 29. (1) .... (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule the provisions of Section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only in so far as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered this aspect in detail and has come to the same conclusion. The Karnataka High Court in Union of India's case (supra) also came to the same conclusion. 14. It may be mentioned that as against another connected appeal against the common judgment of appellate tribunal, similar C.M.S.A. No. 81 of 2013 with application for condonation being C.M.S.A.M.P. No. 38 of 2010 was filed before this court. Learned single judge of this court had condoned the delay on 21.09.2013. However, when subsequently the respondent brought the legal position to the notice of his Lordship by an order of the learned single judge in C.M.S.A.M.P. No. 147 of 2013, dated 05.12.2013, the order of condonation of delay, dated 21.09.2013, was recalled and the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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