Sh.S.Jegadesan @ Surya vs Special Director Of Enforcement ...
2022 Latest Caselaw 6196 Mad

                                                                      C.M.A.(MD)No.1384 of 2015

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 25.03.2022

                                                       CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                         AND
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                              C.M.A(MD)No.1384 of 2015
                                                       and
                                                M.P.(MD)No.1 of 2015

                     Sh.S.Jegadesan @ Surya                        ... Appellant / Appellant
                                                       -Vs-
                     Special Director of Enforcement Directorate,
                     New Delhi                                     ... Respondent / Respondent


                     PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of
                     C.P.C. r/w Section 54 of FERA, praying this Court to set aside the
                     Appeal No.151 of 2009 on the file of the Appellate Tribunal for Foreign
                     Exchange, New Delhi, dated 24.08.2015.


                                      For Appellant    : Mrs.N.Krishnaveni,
                                                        Senior Counsel,
                                                        For Mr.P.Thiagarajan
                                      For Respondent   : Mr.R.Anand Raj,
                                                        For Mr.R.Vijaya Rajan




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https://www.mhc.tn.gov.in/judis
                                                                        C.M.A.(MD)No.1384 of 2015

                                                    JUDGMENT

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The appellant challenges the order of the Appellate Tribunal for

Foreign Exchange, directing pre-deposit of 15% of the penalty imposed

against the appellant, within a period of 30 days from the date of

communication of the order, as a pre-condition for entertaining the

appeal.

2.By the very same order impugned in this appeal, the Tribunal

had directed one Ashok Kumar Doshi also, co-accused in this case, to

make such pre-deposit. It is now brought to our notice that the said

Ashok Kumar Doshi had challenged the said order before the Calcutta

High Court in W.P.No.144 of 2016. By order dated 05.05.2016, the

Calcutta High Court has set aside the order and permitted him to

prosecute the appeal without pre-deposit.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1384 of 2015

3.Though the learned counsel for the respondent has contended

that pre-deposit is an essential condition, since the Calcutta High Court

had permitted another accused in the same case to prosecute the appal

without pre-deposit, we do not think that we should take a different view.

More so, since the order of the Calcutta High Court dated 05.05.2016 has

not been challenged and has become final, this Civil Miscellaneous

Appeal is allowed and the appellant is entitled to prosecute the appeal

without having to deposit any amount by way of pre-deposit. No costs.

Consequently, connected miscellaneous petition is closed.

[R.S.M.,J.] & [N.S.K.,J.] 25.03.2022

Index:Yes/No Internet:Yes/No Myr

To The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1384 of 2015

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

Myr

JUDGMENT MADE IN C.M.A.(MD)No.1384 of 2015

25.03.2022

https://www.mhc.tn.gov.in/judis