Kavita Mathur vs Union Of India And 2 Ors
2022 Latest Caselaw 7319 Bom

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                                                    1/2                        210-wp-887-08.doc
MEERA    MAHESH
MAHESH   JADHAV
         Date:
JADHAV   2022.07.29
         17:49:06
         +0530                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      WRIT PETITION NO.887 OF 2008

             Ms Kavita Ajay Mathur                   ....Petitioner
                  V/s.
             Union of India & Ors.                   ...Respondents

                                               ----

Ms Tanya D'souza i/b Nankani & Associates for Petitioner None for Respondents

----

CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ DATED : 28th JULY 2022

P.C. :

1 Petitioner is impugning an order dated 14 th December 2007 passed by

respondent no.2. At the time the impugned order came to be passed on 14 th

December 2007, Ms D'Souza states and as referred in the impugned order,

there was a judgment of this Court in the matter of Premier Ltd. V/s. Union

of India and Ors. by which the Court had held that the jurisdiction to hear

would lie with the Special Director (Appeals) in terms of Section 17(2) of

FEMA, 1999. Therefore, the submissions as recorded in the impugned order

came to be made which the Tribunal rejected. The Tribunal held that an

application for transfer to the newly constituted authority cannot be

entertained and, therefore, the appeal itself was dismissed.

2 Ms D'souza states that subsequently the Apex Court in the matter of

Union of India and Ors. V/s. Premier Ltd. 1 overruled the judgment of this

Court and held that respondent no.2 would have jurisdiction. Ms D'souza

11. (2019) SCC Online SC 95 Meera Jadhav 2/2 210-wp-887-08.doc

requests that in view of the subsequent development, this Court may

remand the matter to respondent no.2 to decide the appeal on merits.

Respondent has not filed any reply. Moreover, in our view, we can and we

should grant the request made by Ms D'souza.

3 Accordingly, the impugned order dated 14 th December 2007 is hereby

quashed and set aside. The matter is remanded to the Appellate Tribunal For

Foreign Exchange to rehear the Appeal No.555/2000 denovo on merits and

dispose the appeal in accordance with law.

4 We clarify that we have not made any observation on the merits of the

matter.

5         Petition disposed.




(A. S. DOCTOR, J.)                                  (K.R. SHRIRAM, J.)




Meera Jadhav