* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 2588 of 2008 R.K.VERMA PetitiOner Through: Mr. R.K. Handoo, Advocate. versus ENFORCEMENT DIRECTORATE .:... Respondent • . Through: Mr. Mayank God, Advocate. ANI + W.P.(C) No. 2948 of 2008 RAMESH A. SONI . ..,... Petitioner Through: Mr. R.K. Handoo, Advocate. versus ENFORCEMENT DIRECTORATE . .....Respondent Through: Mr. Mayank God, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER % 23.07.2010 W.P.(C) Nos. 2588 & 2948 of 2008 & CM Nos. 4955 & 5714 of 2008 (for stay) 1. Learned counsel for the Respondent. relies upon the decision of the W.P.(C) Nos.2588 & 2948 of 2008 page 113 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 Supreme Court in Raj Kumar Shivh are v. Assistant Director, Directorate of Enforcement (2010) 4 SCC 772 wherethe Supreme Court has categorically ruled that against an order passed by the Appellate Tribunal for Foreign Exchange refusing to dispense with the pre-deposit of penalty the only remedy of the aggrieved party was by way of an appeal under Section 35 of, the Foreign Exchange Management Act, 1999 ('FEMA'). It is therefore • submitted that the present writ petitions are not maintainable. Mr. Handoo, learned counsel appearing for the Petitioners sought' to distinguish the above judgment and submitted that the proceedings in the' present cases began with'a notice issued to the Petitioner under the Foreign Exchange Regulation Act, 1973 ('FERA') and therefore the above decision does not apply to the present case. This Court is unable to accpt the above contention. Admittedly, the proceedings in Raj Kumar S1,ivliare were filed under the FEMA. The judgment of the Supreme Court squarely applies to the present petition and as such it is not maintainable. It is further clarified that in terms of the judgment of the Supreme Court in Raj Kumar Shivhare the Petitioner may page 2/3 W.P.(C) Nos.2588 & 2948 of 2008 avail of the remedy under Section 35 of the FEMA in accordance with law.. V5 4. Order dasti to the parties. S. MURALIDHAR, J JULY 23, 2010 dn iS W.P.(C) Nos.2588 & 2948 of 2008 page 3/3