PNP 1 CAY11-8.7.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.11 OF 2011 IN FERA APPEAL NO.12 OF 2011 Thomas Cook (India) Ltd. ..Applicant. versus The Special Director of Enforcement and another ..Respondents. .... Mr. Rafique Dada, Senior Advocate with Ms. Misbah Dada, Mr. Mohan G. Salian, Mr. Mayur Shetty, Ms. Vaijayanti Shete and Ms. Jesse Corndons i/b Gagrats for the Applicant. Mr. A.S. Rao i/b Ms. Soma Singh for the Respondents. WITH CIVIL APPLICATION 12 OF 2011 IN FERA APPEAL NO.13 OF 2011 H.N. Shetty ..Applicant. versus The Special Director of Enforcement and another ..Respondents. WITH CIVIL APPLICATION NO.13 OF 2011 IN FERA APPEAL NO.14 OF 2011 Prakash D. Awad ..Applicant. versus The Special Director of Enforcement and another ..Respondents. ..... Mr. Tanmay Gadre with Ms. Vishakha Vaswani i/b M/S. V.V. Juris for PNP 2 CAY11-8.7.sxw the Applicant. Mr. A.S. Rao i/b Ms. Soma Singh for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. 8 July 2011. P.C. : A penalty has been imposed upon the Applicants in the amount of Rs.10 lacs for breach of paragraphs 18.4 of the 1987 Edition of the Exchange Control Manual. The submission of the Applicants is that in view of the provisions of paragraph 18.3 under which various dealers and their exchange bureaus were permitted to freely purchase foreign currency notes and coins from any person whether a traveller or not, against payment in rupees, there was no breach on the part of the Applicants. Besides, it has been submitted that the Applicants acted bona fide, by issuing account payee cheques which were credited for encashment to the NRI Account of the foreign national who was a Canadian citizen. We are of the view that a prima facie case has been made out so as to grant interim relief staying the order of the Tribunal insofar as it affects the Applicants. There shall accordingly be an interim order in terms of of prayer clause (a) insofar as the Applicants are concerned. The Civil Applications are accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta J.)