AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FERA APPEAL NO.63 OF 2008 ALONG WITH CIVIL APPLICATION NO.4876 OF 2008 Vipul R. Shah ..Appellant. V/s. Union of India & Others ..Respondents. FERA APPEAL NO.64 OF 2008 ALONG WITH CIVIL APPLICATION NO.4878 OF 2008 M/s.Rasiklal & Co. ..Appellant. V/s. Union of India & Others ..Respondents. FERA APPEAL NO.65 OF 2008 ALONG WITH CIVIL APPLICATION NO.4877 OF 2008 Shri Churchil R. Shah ..Appellant V/s. Union of India & Others ..Respondents. Mr.V.M. Doiphode i/by V.M. Doiphode & Co. for the Appellant. Mr.P.S. Jetly with Mr.Y.R. Mishra for the Respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 8TH OCTOBER, 2008. P.C. : 1. Heard. Admit. By consent of both the parties, the appeals are taken up for final hearing. 2. In all these appeals, the appellate tribunal for Foreign Exchange had dismissed the appeals filed by the appellants against the adjudication order dated 9-12-2004. By the said adjudication order, penalty was imposed upon the appellants for violation of provisions of FERA. Perusal of the order passed by the tribunal shows that the tribunal has not considered various arguments advanced on behalf of the appellants and the appeals have been dismissed basically relying upon the admissional statements of persons including Niranjan J. Shah. From the order of the Special Director, it is seen that the appellants had sought cross-examination of Mr.Niranjan Shah, however, the same was disallowed on the ground that Mr.Niranjan Shah had retracted his statements. Having disallowed cross-examination of Niranjan Shah on the ground that he had retracted from his statement, the tribunal could not have dismissed the appeals relying upon the statement of Mr.Niranjan Shah. In fact, though in the appeal it was specifically raised by the appellants that without allowing cross-examination of Mr.Niranjan Shah, the adjudicating authority could not have relied upon the statement of Mr.Niranjan Shah, the tribunal has not considered this aspect and passed order in that behalf. 3. In this view of the matter, the order of the appellate tribunal in all the appeals are quashed and set aside and the appeals are remanded back to the tribunal for denovo adjudication in accordance with law. All contentions of both the parties are kept open to be agitated before the tribunal. 4. All the appeals are disposed of accordingly. 5. In view of the order passed in appeals, nothing further survives for consideration in the civil applications. Hence, all the civil applications are disposed of accordingly. D.K. DESHMUKH, J. J.P. DEVADHAR, J.