Nemi Chan Jain @ Chandraswami v. Enforcement Directorate

ORDER oh -zt.og.zoto In this batch of appeals the challenge is to the order passed by the leamed Single Judge in the writ petitions whereby he has given a stamp of ' approval to the order passed by the Aplpellate Tribunal for Foreign Exchange (tribunal) whereby the tribunal has declined to entertain the application seeking waiver of Pre-dePosit. LPA 682/2OiO A connected matters. For the sake of clarity and convenience, we would like to refer to the order passed in WP(C) No.2643l2007. In the said case, the learned Single Judge in paragraphs 7 & 8 has held as follows: "7. This Court on considering the above submissions, is of the view that the Petitioner has not been able to malce out a prima facie case for complete waiver of the pre-deposit of .the penalty arnount. The evidence discussed by the. Special Director in the adjudication order does show that the Petitioner did receive the two drafts of US$2 rnillion and 3 million respebtively outside . India which were then credited by Mr. Adnan Khashoggi in his account. 'The recovery of the attestation certificate also prima facie establishes the case of the Respondents.

¶8As rightly pointed out, a self-sewing affidavit of the petitioner is not itself sufficient to substantiate financial hardship. This Court's decision in Nemi Chund Jain v. Enfurcement Directorate has been affirmed by the Supreme Coutt with the dismissal of the SLP'" In 'our considered opinion, the reasoning ascribed by the learned Single Judge are absolutely impeccable and does not warrant interference in exercise of the appel|ate jurisdiction under Clause 10 of the Letters Patent' Ihough we have declined to interfere, yet we are inclined to modiff the order of the leamed Single Judge to the extent that the appellant shall deposit the amount in each case by the end of November 2OlO and on such deposit being made the appellate authority shall proceed to hear the appeal and dispose the same as expeditiously as possible, preferably, within a period of three months. With the aforesaid modification, the appeals are disposed of. No I order as to costs. hr4 CHIEF JUSTICE I I SEPTEMBER 2L,2010 dk LPA 682/2010 & connected matters. I.rl tt.-_lL MANMOFN,J

t *INTIIEHIGHCOURToFDELHIATNEwDELHI "+139. LPA 68212010 NEMI CI{AND JAIN @ CHANDRASWAMI ..... Appellant Through Mr. K.P' Dandpani, Sr' Adv' with Mr' Santosh Chaurihaa and Mr. Pramod I(harwar, Advs. ""' Respondent . Through Mr. A.S. Chandhiok, ASG with \F. 140. LPA 68312010 . VIKRAM SINGH ml ----,- \,r- ""' Appellant Through Mr. K.P. Dandpani, Sr' Adv' with Mr. Pramod Kharwar, Advs' ,r"rrtt "DIRF'CTORATE "" ResPondent ENF ORCEMENT DIRECTORATE . .Mr. H.C. Bhatia, Adv' r4r. LPA 68412010 AMBASSADOI{CONSTRUCTIONSPVTLTD...'.Appellant Through Mr. K.P. Dandpani, Sr' Adv' with - / 'Mr' Santosh Chaurihaa and Mr. Pramod Kharwar, Advs' .... RCSPONdENT Mr. H'C' Bhatia, Adv' Page I of 6 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. r42. LPA 68s12010 NEMI CHANDRA JAIN @ CHANDRASWAMI ..... Appellant Through Mr. I(.P. Dandpani, Sr. Adv. with Mr. H.C. Bhatia, Adv' r43. LPA 68612010 .-.o.' RC JAIN ' ""' APPellant Through Mr. K.F. Dar-rdpani, Sr. Adv. with ..... Respondent' r44. LPA 687 12010 CHANDRA SWAMI @ NEMI CHAND JAIN ..... Appellant Through Mr. K.P. Dandpani, Sr. Adv' with ' Mr' Santosh Chaurihaa and "": Respondent r4s. LPA 688/2010 NEMI CHAND JAIN @ CHANDRASWAMI ..... Appellant Through Mr. K.P. Dandpani, Sr. Adv. with Mr. Pramod Kharwar; Advs. 146. LPA'68912010 :, TEMI CHAND JAIN @ CHANDRASWAMI ..... Appellant Through Mr. I(.P. Dandpani, Sr. Adv. with Respondent Mr. H.C' Bhatia, Adv. r47. LPA 69012010 VIKRAM SINGH LPA 682/2010 & connected rnatters' J 148. LPA 69112010 NEMI CHAND JAIN @ CHANDMSWAMI ..... Appellant Through Mr. K.P. Dandpani, Sr. Adv. with : Mr. H.C. Bhatia, Adv' r49. LPA 69212010 -r-u NEMI CHAN JAIN @ CHANDRASWAMI Appellant Through Mr. K.P. Dandpani, Sr. Adv. with -1 Thlough Mr. A.S. Chandhiok, ASG with CORAM: HON'BLE THE CHIEF JUSTICE IION'BLE MR. JUSTICE MANMOHAN