WPMS/779/2021
2021 Latest Caselaw 1230 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 26TH DAY OFMARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Writ Petition (M/S) No. 779 of 2021
BETWEEN:
Shri Vinod Uniyal                              ...Petitioner
       (By Ms. Divya Jain, Advocate)

AND:
The Adjudicating Authority/Assistant Director
& another                             ...Respondents

       (By Mr. Shivanand Bhatt, learned Central Government
       Standing Counsel)

                        JUDGMENT

Petitioner is challenging the order dated 05.03.2020 passed by Assistant Director, Directorate of Enforcement, FEMA/PLMA, Government of India, Chandigarh.

2. In the impugned order itself, it is mentioned that the said order is appealable before the Special Director (Appeals) under Section 17 of Foreign Exchange Management Act, 1999 read with Rule 5 of the Foreign Exchange Management (Adjudication Proceedings & Appeal) Rules, 2000.

3. In view of the availability of alternative remedy, this Court is not inclined to entertain the writ petition at this stage.

4. Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to approach the Appellate Authority. If petitioner files an appeal within ten days from today,

the same shall be heard on merits. For a period of ten days, no coercive action shall be taken against the petitioner. The original Demand Notice (Annexure No.3 to the writ petition) be handed over to the learned counsel for the petitioner, after placing the photocopy of the same on record.

5. Let certified copy of this order be supplied to the petitioner today itself.

(MANOJ KUMAR TIWARI, J.) Aswal