Rc Jain 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 seekingwaiverof pre-deposit. ^ • ' Page 4of-6 For the sake of clarityand convenience,we would like to referto the order passedin WP(C) No.2643/2007. In the said case, the learnedSingle Judgein 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 completewaiver 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 Mi-. Adnan Khashoggi in his account. The recovery of the attestation certificate alsoprimafacie establishesthe case oftheRespondents.

¶8As rightly pointed out, a self-servingaffidavitof the Petitioner is not itself sufficient to substantiate financialhardship. This Court'sdecisioninNemi Chand Jain V. EnforcementDirectorate has been affirmedby the SupremeCourtwiththe dismissalofthe SLP." In our considered opinion, the reasoning ascribed by the learned SingleJudge are absolutelyimpeccableand does not warrantinterferencein exerciseofthe appellatejurisdiction-underClause10 ofthe LettersPatent. . . Page 5of6 Though we have dechned to interfere, yet we are inclined to modify the order of the learned Single Judge to the extent that the appellant shall deposit the amount in each case by the end of November 2010 and on such deposit being made,the appellate authorityshall 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. order as to costs. CHIEF JUSTICE SEPTEMBER 21, 2010 dk LPA 682/2010 & connected matters. MANMOHAN, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI +139. LPA 682/2010 NEMI CHANDJAIN @CHANDRASWAMI Mr. A.S. Chandhiok, ASG with 140. LPA 683/2010 VIKRAMSINpH ' • Through 141. LPA 684/2010, AMBASSADORCONSTRUCTIONSPVTLTD ..... Appellant ! ENFORCEMENTDIRECTORATE Mr. A.'S. Chandhiok,ASG with P<^S^ ^of6 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 . Mr% A.S. Chandhiok, ASG with 143. LPA 686/2010 RCJAIN • Mr. K.P. Dandpani, Sr. Adv. with Mr. A.S. Chandhiok,ASGwith . Mr. H.C. Bhatia, Adv. 144. LPA 687/2010 ' . CHANDRASWAMI@NEMI CHANDJAIN .....Appellant ...;. Respondent Through - Mr. A.S. Chandhiok,ASG with Page 2of6 I J 145. LPA 688/2010 NEMI CHANDJAIN @ CHANDRASWAMI Mr. Pramod Kharwar, Advs." 146. LPA 689/2010 NEMI CHANDJAIN@CHANDRASWAMI Mr. K.P. Dandpani, Sr. Adv. with • 147. LPA 690/2010 . VIKRAM SINGH Mr. Pramod Kharwar, Advs., ENFORCEMENTDIRECTORATE . Page 3of6 148. LPA 691/2010 NEMI CHANDJAIN @ CHANDRASWAMI • » • ' 149. LPA 692/2010 'J' NEMI CHANJAIN@CHANDRASWAMI . .;...Appellant Mr. K.P. Dandpani,Sr. Ady. with Mr. A.S. Chandhiok,ASGwith CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN