THIRUMALAI CHEMICALS LIMITED versus UNION OF INDIA & ORS.

THIRUMALAI CHEMICALS LIMITED versus UNION OF INDIA & ORS.

The period of limitation for appellate proceedings is governed by the procedural law in force at the time of institution of appeal, in this case Section 19(2) of FEMA, rather than Section 52(2) of FERA. The Appellate Tribunal constituted under FEMA has jurisdiction to consider and condone delays beyond 45 days, with...

Source-derived case information.

Parties
Appellant: Thirumalai Chemicals Limited; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
11 April 2011
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Writ Petitions
Outcome
Appeals allowed
Legal Topics
Limitation of Appeals, Statutory Repeal and Saving, Condonation of Delay, Distinction Between Substantive and Procedural Law
Foreign Exchange Administrative Law Procedural Law Limitation of Appeals Statutory Repeal and Saving Condonation of Delay Distinction Between Substantive and Procedural Law

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Summary, issues, holding and outcome

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Parties

Thirumalai Chemicals Limited

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order Dismissing Writ Petitions

Legal Issues

  1. 1 Whether appeal before the Appellate Tribunal under FEMA for orders passed under FERA could be rejected for delay by applying FERA limitation provisions instead of FEMA.
  2. 2 Whether the Appellate Tribunal has jurisdiction to condone delay in filing appeal beyond the period prescribed in FERA.
  3. 3 Whether procedural laws relating to limitation apply retrospectively in appeal proceedings arising out of repealed statutes.

Ratio Decidendi

The period of limitation for appellate proceedings is governed by the procedural law in force at the time of institution of appeal, in this case Section 19(2) of FEMA, rather than Section 52(2) of FERA. The Appellate Tribunal constituted under FEMA has jurisdiction to consider and condone delays beyond 45 days, with no upper limit, if sufficient cause exists. The rejection of appeal by applying FERA limitations was erroneous.

Court Disposition

Appeals allowed

Orders

  • Orders passed by Tribunal and High Court set aside
  • Matter remitted to Tribunal for fresh consideration in accordance with law as per findings recorded