Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FERA APPEAL NO.43 OF 2009 The Union of India through Special Director, Enforcement Directorate......Appellant Vs. M/s.Grindwell Norton Ltd. ....Respondents Mr. A.S. Rao, for the Appellant CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 2nd July, 2009 P.C. 1. The respondent was charged for violation of the provisions of FERA. The respondent was allowed foreign exchange in US Dollars 3,69,737. A sum of US Dollar 3,40.586 was paid for the machinery and the balance US Dollar 29,151 was remitted by the Bank of Baroda in favour of M/s.Bickley Tunnel Killen, USA who had sold the machinery to the respondent. There was a contract which envisaged documentation regarding GA drawings, etc. These are inherently linked with the machinery itself. The learned Members of the Bench differed. The matter was sent to third Member who on consideration of the contention advanced held that there was no infraction of the provisions of FERA and accordingly the appeal preferred by the respondent herein before the Tribunal was allowed. In our opinion considering that the balance amount was paid towards drawings, etc., for the machinery, we are not inclined to interfere with the finding recorded by the Tribunal as the view taken is a view which could have been taken on the facts of the case. Appeal by Revenue accordingly dismissed. (J.H. BHATIA,J.) (F.I. REBELLO,J.)