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january 2019

Supreme Court of India · 2019-01-29

UNION OF INDIA vs M/S PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.)

Citation / case number
SC 2007/7781
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.)
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court held that the appeals against adjudication orders under the Foreign Exchange Regulation Act, 1973 (FERA) must be filed with the Appellate Tribunal under Section 19 of the Foreign Exchange Management Act, 1999 (FEMA), and not with the Special Director (Appeals) under Section 17 of FERA. The Court affirmed the High Court's decision that the Special Director (Appeals) had jurisdiction to hear the appeals, thereby quashing the orders dismissing the appeals as not maintainable. The appeal by the Union of India was dismissed, upholding the High Court's ruling.

UNION OF INDIA vs M/S PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.) · Niyam