* IN THE HIGH COURT OF DELHI AT NEW DELHI +139. LPA 682/2010 NEMI CHANDJAIN @ CHANDRASWAMI Appellant Through Mr. K.P. Dandpani, Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod ICharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent, Through Mr. A.S. Chandhiok,ASG with Mr. H.C. Bhatia, Adv. % . 140. LPA 683/2010 VIKRAM SINGH Appellant Through Mr. K.P. Dandpani,Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus ENFORCEMENTDIRECTORATE Respondent Through Mr. A.S. Chandhiok,ASG with Mr. H.C. Bhatia, Adv. 141. LPA 684/2010 1 AMBASSADORCONSTRUCTIONSPVT LTD Appellant Through Mr. K.P: Dandpani,Sr. Adv. with Ml". Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus enforcement DIRECTORATE Respondent Through• Mr. A.S. Chandhiok,ASG with Mr. H.C. Bhatia, Adv. LPA 682/2010&connectedmatters. ^ Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 142. LPA 685/2010 \ 4 NEMI CHANDRA JAIN @ CHANDRASWAMI Appellant Through Mr. K.P. Dandpani, Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok, ASG with Ml-. H.C. Bhatia, Adv. 143. LPA 686/2010 RCJAIN. .....Appellant Through Mr. K.P. Dandpani, Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok, ASG with Mr. H.C. Bhatia, Adv. 144. LPA 687/2010 CHANDRASWAMI @ NEMI CHANDJAIN ..... Appellant Through Mr. K.P. Dandpani, Sr. Adv. with , Mr. Santosh Chaurihaa and Mr. Pramod Kliarwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok,ASG with Mr. H.C. Bhatia, Adv. LPA 682/2010&connectedmatters. ^ of6 145. LPA 688/2010 NEMI CHANDJAIN @ CHANDRASWAMI Appellant Through Mr. K.P. Dandpani,Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok, ASG with Mr. H.C. Bhatia, Adv. 146. LPA 689/2010 NEMI CHANDJAIN @ CHANDRASWAMI Appellant Through Mr. K.P. Dandpani, Sr. Adv. with Mr. Santosh Chaurihaa arid Mr. Pramod Kharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok,ASGwith . Mr. H.C. Bhatia, Adv. , • I , • 147. LPA 690/2010 VIKRAM SINGH Appellant Through Mr. K.P. Dandpani,Sr. Adv. with Mr. Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. versus ENFORCEMENTDIRECTORATE .....Respondent Through Mr. A.S. Chandhiok,ASG with Mr. H.C. Bhatia, Adv. LPA 682/2010&connectedmatters. ^ of6 I , 1 148. LPA 691/2010 NEMI CHANDJAIN@ CHANDRASWAMI Appellant • Through Mr. K.P. Dandpani, Sr. Adv. with ^ Mr. Santosh Chaurihaa a;nd Mr. Pramod Kharwar, Advs. versus ENFORCEMENT DIRECTORATE Respondent Through Mr. A.S. Chandhiok, ASG with Mr. H.C. Bhatia, Adv. 149. LPA 692/2010 NEMI CHANJAIN @ CHANDRASWAMI Appellant , , Through Mr. K.P. Dandpani, Sr. Adv. with . Mr. .Santosh Chaurihaa and Mr. Pramod Kharwar, Advs. . versus . ENFORCEMENT DIRECTORATE Respondent Through Mr.'A.S. Chandhiok, ASG with . Mr. H.C. Bhatia, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR, JUSTICE MANMOHAN ORDER % 21.09.2010 In this batch of appeals the challengeis to the order passed by the learnedSingleJudge in the writ petitionswherebyhe has given a stamp of approvalto the orderpassedby the AppellateTribunalfor ForeignExchange (tribunal) whereby the tribunal has declined to entertain the application seekingwaiver of pre-deposit. . LPA 682/2010&connectedmatters. Page 4of6 For the sake of clarity and convenience,we would like to refer to the order passed in WP(G) No.2643/2007. In the said case, the learnedSingle Judge in paragraphs 7 & 8 has held as follows: "7. This Court on considering the above submissions, is of the view that the Petitioner has not been able to make out a prima facie case for complete waiver of the pre-deposit of the penalty amount. The evidence . discussed by the Special Director in the adjudication order does show that the Petitioner- did receive the two drafts of US$2 million and 3 million respectively outside India which were then credited by Mr. Adnan Khashoggi in his account. The recovery of the attestation certificate also prima facie establishesthe case of the Respondents. 8. As rightly pointed out, a self-serving affidavit of the Petitioner is not itself sufficient to substantiate financial hardship. This Court's decision in Nemi Chand Jain V. Enforcement Directorate has been affirmedby the SupremeCourtwiththe dismissalof the SLP." • In our considered opinion, the reasoning ascribed by the learned SingleJudge are absolutelyimpeccableand does not waiTantinterferencein exerciseofthe appellateJurisdictionunderClause10 oftheLettersPatent. LPA 682/2010&connectedmatters. 5 of6 -u. Though we have declinedto interfere,yet we are inclinedto modify the order of the learned Single Judge to the extent that the appellantshall deposit the amount in each case by the end of November 2010 and on such depositbeing made the appellateauthorityshall proceedto hear the appeal and dispose the same as expeditiouslyas possible, preferably, within a period of three months. With the aforesaidmodification,the appeals are disposed of. No order as to costs, CHIEF JUSTICE SEPTEMBER 21, 2010 dk LPA 682/2010 & connected matters. I MANMOHAN, J Page 6 of 6