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Ttv ferra case insolvency full order.Mr.AR.L.Sundaresan, learned Additional Solicitor General would contend that even if Section 70(1)(iii) of the Foreign Exchange Regulation Act,1973 is not available. Sub-Section 3 of Section 70 of the said Act enables the Central Government to recover the monies under any other law for the time being in force relating to recovery of debts due to the Government. This provision which is an enabling provision would enable the adjudicating officer to invoke the provisions of Revenue Recovery Act 1890 (the Central Act) and not the State Act. Therefore, the notice impugned in the writ petition will have to be set aside solely on the ground that it is not competent for the Collector to effect recovery of monies due to the Central Government by invoking the State Act. Here again, we will have to reserve the liberty to the Enforcement Directorate to seek recovery under the provisions of Central Act viz., the Revenue Recovery Act 1 of 1890. 75. In fine, the OSA is dismissed and the writ petition will stand allowed. Since we have accepted the contentions of the appellant on the vital issue relating to the effect of the order of the adjudicating Authority, we do not impose costs. (R.S.M.,J.) (R.K.M.,J.) 20.10.2023 dsa Index : Yes Internet : Yes Neutral Citation : Yes Speaking order To The Deputy Director, Enforcement Directorate, (Foreign Exchange Regulation Act now FEMA) Shastri Bhavan, 3rd Floor, 3rd Block, No.26, Haddows Road, Chennai – 600 006. R.SUBRAMANIAN, J. and R.KALAIMATHI, J. dsa O.S.A.No.124 of 2005 and W.P.No.20492 of 2008 20.10.2023
by Sekar Reporter · Published November 1, 2023
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