Telearc Technologies Private Limited and Sri Harish Kumar Amilineni V. Union of India, Secretary, Ministry of Finance and Office of the Joint Director, Enforcement Directorate, Hyderabad Zonal Office and Deputy Director, Enforcement Directorate, Hyderabad Zonal Office

WP/37659/2022

AI Insights

The case involves two writ petitions filed by Telearc Technologies Pvt. Ltd. and its director challenging the complaints and subsequent orders issued by the Enforcement Directorate under the Foreign Exchange Management Act, 1999. The petitions argued that the complaints were based on forged documents and that the orders were passed without proper jurisdiction and in violation of natural justice. The Enforcement Directorate contended that the petitions were not maintainable as the petitioners had an effective alternative remedy under the Act. The High Court, after considering the arguments and the legal provisions, dismissed the petitions, emphasizing the availability of an alternative remedy and the adherence to legal procedures in passing the impugned orders.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 804158 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 17-04-2023
• Assessment Year: misc
• Other Referred Cases: JP Morgan India private Ltd. v. Special Director, Directorate of Enforcement, A.V. Papayya Sastry Vs. Govt.of A.P., Nivedita Sharma v. Cellular operators of India, Assistant Commissioner of State Tax v. Commercial Steel Limited, State of Orissa v. J. Mohapatra & Co., Mukesh Singh v. State (NCT of Delhi), Bhaskar Ramappa Madar v. State of Karnataka, Delhi Financial Corporation v. Rajiv Anand, Union of India v. Tulsiram Patel, Union of India v. Vipan Kumar Jain, Harold Wilcox v. Duane Larkin, Mohan Lal v. State of Punjab, Assistant Commissioner of State Tax v. Commercial Steel Limited
• Laws Referred To: Foreign Exchange Management Act, 1999, Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: ANIL TIWARI; B YADAV
• Assessee Lawyers: DEEPAK BHATTACHARJEE; DISHIT BHATTACHARJEE
• Keywords: Arbitrary and Illegal; Enforcement Directorate; Foreign direct investment; Violation of Article 14; Writ of Certiorari
• Section: 13(1); 16(3); 6(3)(b); 6(3)(l)(b); 6(4)(b)

Judgement Text

"[ 316E ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NOS: 35702 AND 376590F 2022 WP NO.35702QF 2022: Between: Professional, ...PETITIONER AND 1. The Ad.iudicating Authority - Deputy Director, Office of the Joint Director, Enforcement Directorate, Hyderabad Zonal Office, 3rd Floor, Shakar Bhawan, Basheerbagh, Hyderabad - 500004 2. A Harish Kumar, S/o Shri. A Devarajulu NaiduAged about 46 years, Director of M/s Amilionn Technologies Pvt Ltd Plot. No.15A:5th Ftoor, Sai pruthvi Enclave, Manteera Resrdency, Kondapur, Hyderabad-500084 Also At. Rl/o House No.39, Aparna Orchards, Hitex Road, Hitech City, Hyderabad ..REspor$ENrs Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or a Direction, more particularly one in the nature of Writ of Certiorari, calling for records and declare the Complaint dated 20106/2019, the notices dated 2410612O19,0510812022, 3OlO$l2022,and the Finat Order dated 05logl2022 (DD(RSyHYZ0/1212O22) issued by the Respondent No.1 in respect of the Petitioner as being arbitrary, illegal and in violation of Article 14 of the Constitution of lndia and consequently quash the same in respect of the petitioner lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the -Original Complainl dated 20t06t2019 (Reference No. T-3l1OlHZOl2O14), Show-Cause Notice dated 24.06.2019 (Reference No. T - 4lO4lHYZOl2O19), Notice dated 3OlO8l2O22 (Reference No. T-4l04/HyZ0/2019) and Fi nal order dated 05 I Og I 2022 (D D( RS yH YZ O I 1 21 2022) Manav Sethi, S/o. Late Shri M K Sethi, Aged. 44 Years, Occ R/oC-901, Pioneer Presidia, Sec.62, Gurgaoh 12200S - flt . ,i, ,e(;r'4. - ,/it{H ur' HIGH COURT DA'I'ED: 1710412023 I ztt{li ?fi?3 CCIMTVION ORDER WP NOS: 35702 AND :37659 OF 2022 DISMISSING THE WRIT PETITIONS W]THOUT COSTS N/, ou nX) v @ .; i! t I l ; { ; I i I ' t , :-.. .',., I "