1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION\ FERA APPEAL NO. 16 OF 2009 IN APPEAL NO. 26 OF 2007 Ramesh K. Jain .. Appellant V/s 1. Union of India 2. Assistant Director of Enforcement, Mumbai .. Respondents Mr. D. Dharkar with Mr. Mayur Shanbag i/b S.V. Pikale & Co. for the appellant. Mr. R. Ashokan for the respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATE : 7TH AUGUST 2009 P.C. : 1. In respect of show cause notice dated 21st JanSTAuary 2002 which was addressed to M/s Kapoor Jewellers Pvt. Ltd. and the present appellant herein, in the appeal preferred by M/s Kapoor Jewellers Pvt. Ltd. we have remanded the matter back to the Deputy Director of Enforcement. The subject of the show cause notice being the same, if M/s Kapoor Jewellers Pvt. Ltd. is not liable to penalty, the appellant herein also would not be liable to 2 penalty. 5. In the light of the above and for the reasons set out in the order, while disposing of the appeal filed by M/s Kapoor Jewellers Pvt. Ltd., we set aside the impugned order of the Deputy Director of Enforcement and the learned Tribunal and remand the matter back to the Deputy Director of Enforcement for reconsidering the matter along with M/s Kapoor Jewellers Pvt. Ltd. Considering that the matter is of the year 2002, the entire exercise to be completed within 6 months. 6. The appellant had deposited before the Tribunal a pre-deposit amount. That amount to continue till the disposal of the proceedings before the Deputy Director of Enforcement and for a period of 8 weeks thereafter. 7. Appeal disposed of accordingly. 8. Copy of this order be served on the Deputy Director. (D.G. KARNIK, J.) (F.I. REBELLO, J.)