SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FERA APPEAL NO.75 OF 2008 FERA APPEAL NO.75 OF 2008 FERA APPEAL NO.75 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.5376 OF 2008 CIVIL APPLICATION NO.5376 OF 2008 CIVIL APPLICATION NO.5376 OF 2008 Shri Bipin H. Badani ..Appellant. V/s. Union of India & Ors. ..Respondents. Mr.V.M.Doiphode for the appellant. Mr.M.S.Bharadwaj i/b.S.S.Pakhale for the respondents. CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 10TH FEBRUARY, 2009. DATED : 10TH FEBRUARY, 2009. DATED : 10TH FEBRUARY, 2009. P.C. :- P.C. :- P.C. :- 1. Learned counsel for the appellant states that the appellant had raised the following issues before the tribunal :- A) Whether the Deputy Director of Enforcement, the 3rd the respondent had jurisdiction to adjudicate U/s.51 of FERA, 1973 after repeal of FERA, 1973 with effect from 1/06/2000 as the order in original was passed by the Ld. Deputy Director on 10/7/2003, in view of section 49(4) of FEMA, 1999 which refers to only offences and not adjudication proceedings ? B) Whether the Ld.Deputy Director has jurisdiction to adjudicate the appellant’s case U/s.51 of FERA, 1973 as the Central Government Notification dated 24/1/89 issued U/s.50 of FERA 1973, empowers the Ld. Deputy Director to - = : 2 : = - adjudicate case of value not exceeding Rs.5 lakhs when admittedly the amount involved in the proceedings initiated against the appellant was foreign exchange equal to Rs.51,76,071/- ? 2. Learned counsel for the appellant submits that though the above issues were raised and canvassed before the Tribunal, the same has not been dealt with by the Tribunal in the impugned order. In this view of the matter, the counsel seeks to withdraw the appeal with liberty to move the Tribunal for appropriate order. 3. Appeal is disposed of as withdrawn with liberty as prayed. 4. Needless to say that in view of the disposal of the appeal, the civil application does not survive and hence the same is disposed of as such. (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)