Nemi Chand Jain @ Chandraswami v. Enforcement Directorate

ORDER %.

21.09.2010 In this batch of appeals the challenge is to the order passed by the learnedSingle Judge in the writ petitionswherebyhe has given a stamp of approvalto the orderpassedby the AppellateTribunalfor ForeignExchange (tribunal) whereby the tribunal has declined to entertain the application seekingwaiver of pre-deposit. 4of6 For the sake of clarity and convenience,we would like to refer to the order passed in •WP(G).No.2643/2007.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 make out a prima facie case for complete waiver of the pre-deposit of the penalty amount. The evidence discussed by the Special Director in the adjudication order does show that the Petitioner did receive the two drafts of US$2 million and 3 million respectively outside India which were then credited by Mr. Adnan Khashoggi in his account. The recovery of the attestation certificate also prima facie establishesthe case of the Respondents.

¶8As rightly pointed out, a self-serving affidavit of the Petitioner is not itself sufficient to substantiate financial hardship. This Court's decision in Nemi Chand Jain V. Enforcement Directorate has been affirmed by the Supreme Court with the dismissalof the SLP." In our considered opinion, the reasoning ascribed by the learned SingleJudge are absolutelyimpeccableand does not wan'antinterferencein exerciseof the appellatejurisdictionunderClause10 of the LettersPatent. LPA 682/2010& connectedmatters. P5 of6 Though we have decHnedto interfere,yet we are incHnedto modify I the order of the learned Single Judge to the extentthat the appellantshall deposit the amount in each case by the end of November 2010 and on such depositbeing made the appellateauthorityshall proceedto hear the appeal and dispose the same as expeditiouslyas possible, preferably, within a period of three months. With the aforesaid modification,the appeals are disposed of. order as to costs. SEPTEMBER 21, 2010 dk LPA 682/2010 & connected matters. CHIEF JUSTICE MANMOHAN, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI +139. LPA 682/2010 ' NEMI CHANDJAIN @ CHANDRASWAMI Thi-ough Mr. K.P. Dandpani,Sr. Adv. with Thi-ough Mr. A.S. Chandhiok,ASG with 140. LPA 683/2010 VIKRAM SINGH ' Mr. K.P. Dandpani,Sr. Adv. with Ml*. Santosh Chaurihaa and Mr. A.S. Chandhiok,ASG with 141. LPA 684/2010. AMBASSADOR CONSTRUCTIONSPVT LTD Mi*. K.P. Dandpani,Sr. Adv. with ENFORCEMENTDIRECTORATE Mr. A.S. Chandhiok,ASG with P<^S^ ^ 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. 142. LPA 685/2010 NEMI CHANDRAJAIN @ CHANDRASWAMI Ml". Pramod Kharwar, Advs. . Mr. A.S. Chandhiok, ASG with 143. LPA 686/2010. RC JAIN Mr, K.P. Dandpani, Sr. Adv. with ' . Mr. A.S. Chandhiok, ASG with 144. LPA 687/2010 ' CHANDRASWAMI @ NEMI CHANDJAIN Mr..K.P. Dandpani, Sr. Adv. with • Through Mr. A.S. Chandhiok,ASGwith LPA 682/2010& connectedmatters. . Page 2 of6 145. LPA 688/2010 NEMI CHANDJAIN @ CHANDRASWAMI Ml". Pramod Kharwar, Advs. Mr. A.S. Chandhiok,ASG with 146. LPA 689/2010 . NEMI CHANDJAIN @ CHANDRASWAMI Mr. Pramod ICharwar, Advs. Mr. A.S. Chandhiok,ASG with 147. LPA 690/2010 I VIKRAM SINGH .....Appellant Mr. K.P. Dandpani,Sr. Adv. with ENFORCEMENTDIRECTORATE ' Mi". A.S. Chandhiok,ASG with Page.3of6 148. LPA 691/2010 NEMI CHAND JAIN @ CHANDRASWAMI ..... Appellant : . Mr. Santosh ChaUrihaa and Mr. A.S. Chandhiok, ASG with Mr-. H.C. Bhatia, Adv. 149. LPA 692/2010 - NEMI CHAN JAIN @ CHANDRASWAMI Appellant. Mr. A.S. Chandhiok, ASG with CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN