IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.15537 of 2009 (O&M) Date of decision: 8.2.2010 Manjeet Kaur & others. -----Petitioners. Vs. Union of India & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. A.S. Grewal, Advocate for the petitioner. Mr. D.D. Sharma, Advocate for the respondents. --- ORDER: 1. This petition seeks refund of the amount of penalty imposed by respondent No.3, by setting aside order dated 20.7.2009 passed by respondent No.2 under the provisions of Foreign Exchange Management Act, 1999 (for short, “the Act”). 2. Case set out in the petition is that the petitioner No.3 is NRI and had purchased property in India without approval of the Reserve Bank of India, on which investigation was conducted by the Deputy Director, Directorate of Enforcement, Jalandhar, respondent No.3. The matter was, thereafter, referred to the Deputy Director, Directorate of Enforcement, Chandigarh who CWP No.15537 of 2009 passed an order levying penalty after holding that there was violation of provisions of the Act. The amount of penalty was deposited by the petitioners and thereafter, this petition was filed. 3. Notice was issued and reply has been filed, inter-alia, raising an objection that remedy of appeal was available against the impugned orders Annexures P-1 to P-3 under Section 17 of the Act. 4. Though learned counsel for the petitioners states that no alternative remedy is not available against the impugned order, from the perusal of Section 17 of the Act, it is clear that remedy of appeal is available to the petitioners. 5. In view of above, we relegate the petitioner to the remedy of appeal. 6. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE February 08, 2010 ( ALOK SINGH ) ashwani JUDGE 2