Prakash Kumar Iswarlal vs The Special Director Of ...
2023 Latest Caselaw 3414 Kant

                                              -1-
                                                    NC: 2023:KHC:20846-DB
                                                           MFA No.5003/2014




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 16TH DAY OF JUNE, 2023

                                       PRESENT

                       THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                          AND
                 THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                MISCELLANEOUS FIRST APPEAL NO.5003/2014 (FERA)
                BETWEEN:

                PRAKASH KUMAR ISWARLAL
                S/O B.ISWARLAL
                9-6-372, DHANJIBHAI COMPOUND
                MUKHYAPRANA TEMPLE ROAD
                MANGALORE                                      ...APPELLANT
                (BY SRI P PRASAD, ADVOCATE)
                AND:

                1.   THE SPECIAL DIRECTOR OF ENFORCEMENT
                     DIRECTORATE OF ENFORCEMENT
                     GOVERNMENT OF INDIA
                     (FOREIGN EXCHANGE REGULATION ACT)
                     6TH FLOOR, LOK NAYAK BHAVAN
                     KHAN MARKET, NEW DELHI -110 003
Digitally
signed by K S
RENUKAMBA       2.   THE APPELLATE TRIBUNAL
Location:            FOR FOREIGN EXCHANGE
High Court of
Karnataka            MINISTRY OF LAW, JUSTICE & COMPANY AFFAIRS
                     GOVERNMENT OF INDIA, 15TH FLOOR
                     HINDUSTAN TIMES HOUSE, K G MARG
                     NEW DELHI -110 001                    ...RESPONDENTS

                (BY SRI H JAYAKARA SHETTY, ADVOCATE FOR R1; R2 SERVED)

                     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                SECTION 54 OF THE FOREIGN EXCHANGE REGULATION ACT, 1973
                READ WITH SECTION 35 OF THE FOREIGN EXCHANGE
                MANAGEMENT ACT, 1999 PRAYING TO SET ASIDE THE ORDER
                DATED 19.05.2014 PASSED BY THE APPELLATE TRIBUNAL FOR
                FOREIGN EXCHANGE, 15TH FLOOR, HINDUSTAN TIMES HOUSE,
                K.G.MARG, NEW DELHI IN APPEAL NO.241/1995.
                                          -2-
                                                NC: 2023:KHC:20846-DB
                                                        MFA No.5003/2014




     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
FINAL HEARING, THIS DAY, K.S.MUDAGAL J., DELIVERED THE
FOLLOWING:

                                JUDGMENT

Learned Counsel for the appellant seeks adjournment.

Learned Counsel for respondent No.1 opposes adjournment.

2. The original proceedings in this case commenced

in the year 1991. The order of the First Authority was passed

in the year 1995. The Appellate Authority order was passed

on 19.05.2014. It is submitted that the appellant has not

even deposited the penalty imposed.

3. Despite granting sufficient opportunity, the

appellant's Counsel is not ready to proceed with the matter.

Therefore prayer rejected and the appeal is dismissed. In

view of dismissal of the appeal, pending IAs stood disposed

of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE KSR