Vikram Singh v. Enforcement Directorate

ORDER %

21.09.2010 In this batch of appeals the challengeis to the order passed by the learnedSingleJudge-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 prfe-deposit. LPA 682/2010& connectedmatters. • Page 4 of6 For the sake of clarityand convenience,we would like to referto the order passedin WP(G) No.2643/2007. In the said case, the learnedSingle Judge in paragraphs7 & 8 hasheld 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 dobs 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 primafacie establishesthe case oftheRespondents.

¶8As rightly pointed out, a self-servingaffidavit of . the Petitioner is not itself sufficient to substantiate financialhardship. This Court'sdecision'in Chand Jain V. Enforcement Directorate has been affirmedby I ^ • the SupremeCourtwiththe dismissalofthe SLP." In our considered opinion, the reasoning ascribed by the learned SingleJudge are absolutelyimpeccableand does not waiTantinterferencein exerciseofthe appellatejurisdictionunderClause10 oftheLettersPatent. Page 5 of6 Though we have dechned to interfere,yet we are inclined to modify the order of the learned Single Judge to the extent that 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. CHIEF JUSTICE SEPTEMBER 21, 2010 dk LFA 682/2010 & connected matters. MANMOHAN, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI +139. LPA 682/2010 NEMI CHANDJAIN @ CHANDRASWAMI . . - Mr. Pramod Kharwar, Advs. Mr. A.S.'Chandhiok, ASG with 140. LPA 683/2010' VIKRAMSINQH Through ' Mr. K.P! Dandpani, Sr. Adv. with . versus . Mr. A.S. Chandhiok,ASGwith 141. LPA 684/2010 AMBASSADORCONSTRUCTIONSPVT LTD . • . ^ • I . _ Page 1of6 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 .....Appellant Mr. A.S. Chandhiok, ASG with 143. LPA 686/2010 RC JAIN ••••• Appellant , Mr. A.S. Chandhiok,ASGwith 144. LPA 687/2010 CHANDRASWAMI@NEMI CHANDJAIN • ' ^ of6 145. LPA 688/2010' NEMI CHANDJAIN @CHANDRASWAMI Appellant' • . ' , Mi". A.S. Chandhiok,ASGwith 146. LPA 689/2010 NEMI CHANDJAIN ©CHANDRASWAMI Through. •• , .....Respondent Mr. A.S. Chandhiok,ASGwith • 147.' LPA690/2010 VIKRAM SINGH Appellant, • .Through Ml-. H.C. Bhatia, Adv. • ^ 148. LPA 691/2010 NEMI CHANDJAIN @ CHANDRASWAMI .....Appellant .....Respondent Mi*. A.S. Chandhiok,ASG with V » 149. LPA 692/2010 ^ NEMI CHANJAIN@CHANDRASWAMI • CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN