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FEMA - Highlights / Catch Notes

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Writ petition challenging contravention of FEMA laws and penalty ...


Writ petition against FEMA penalty dismissed due to statutory remedies. No immunity from adjudication pre-insolvency. No breach of rights/natural justice. Authority empowered to penalize.

Case Laws     FEMA

July 26, 2024

Writ petition challenging contravention of FEMA laws and penalty imposed held non-maintainable due to availability of alternative statutory remedies. Petitioner not granted immunity from adjudication proceedings initiated before insolvency resolution process. Exceptions for entertaining writ petitions like breach of fundamental rights or natural justice not applicable. Respondent authority possessed power to impose penalty. Mere withdrawal of recovery proceedings does not impact validity of penalty order. Writ petition dismissed as devoid of merits.

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