SC stays Bombay HC order favouring Lalit Modi in FEMA case


New Delhi, Oct 27 (IANS): The Supreme Court on Tuesday stayed the Bombay High Court's 2019 order in favour of fugitive businessman Lalit Modi, who had sought to cross-examine BCCI officials in connection with alleged FEMA violation case.

The Bombay High Court had asked the Enforcement Directorate to consider afresh a request for giving Modi the reply of BCCI to their show cause notice in 2011. The agency appealed the order in the apex court.

Solicitor General Tushar Mehta, representing the EC, urged the top court to stay the High Court order.

After a brief hearing in the matter, a bench comprising Justices Rohinton Fali Nariman, Navin Sinha and Krishna Murari said: "Issue notice. In the meanwhile, there shall be stay of operation of the impugned judgment and order of the High Court."

Lalit Modi approached the High Court against the decisions, in August 2017 and January 2018, of the Director of Enforcement, as an adjudicating authority under the Foreign Exchange Management Act, 1999 and Foreign Exchange Management (Adjudication Proceedings and Appeals) Rules, 2000.

He has contended that the Director's order rejects Modi's application for a copy of the reply filed by BCCI, the main notice in the show cause notice issued in July 2011, which was also issued to him.

Modi's grievance with the January 2018 order was it declines to grant cross examination of five persons, namely N. Srinivasan, Peter Griffith, Andrew Wildblood, A. K. Nazeer Khan, and D. K. Singh (complainant), whose statements are being relied upon by the ED in adjudication proceedings evident from the 2011 show cause notice, issued by BCCI to Modi.

The High Court had said that the ED would consider afresh the request made by Modi and pass an order in accordance with natural justice. Modi had also challenged the January 2018 decision, stating it did not permit a joint hearing to all the noticees to the notice dated July 20, 2011.

 

  

LEAVE A COMMENT

Title : SC stays Bombay HC order favouring Lalit Modi in FEMA case


 
 
 
 

 
You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.


Security Validation

Enter the characters in the image