Supreme Court of India
Fera v. M/s. Premier Limited (formerly Premier Automobiles Ltd.) & Ors.
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What the Court ordered
In view of the foregoing discussion, we cannot concur with the view taken by the High Court and accordingly hold that the appeal filed by respondent Nos. 2 to 4 against the order dated 05.12.2003 passed by Deputy Director of enforcement under Section 51 of FERA will lie and was, therefore, maintainable only before the Appellate Tribunal under Section 19 of FEMA.
Judgment, page 20
From the headnote
Foreign Exchange Regulation Act, 1973 : ss.9(1) (a), 9(1)(c), 16(1), 50-52 and 81 – Repeal of 1973 Act-FERA – Appeals filed thereafter against order pass ed u/s.51 of FERA – Proper appellate authority for deciding – Spec ial Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FE RA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 s how cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly con travening provisions of FERA– During the pendency of the proceedings, FERA was repealed w.e.f 01.06.2000 and replaced by
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