Amrik Kaur v. Competent Authority New Delhi

Delhi High Court · 23 May 2025 · 2025:DHC:4358
Manoj Jain
CM(M) 975/2025
2025:DHC:4358
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking urgent interim relief and directed the petitioner to approach the Appellate Tribunal for restoration and interim relief in an appeal dismissed in default under SAFEMA.

Full Text
Translation output
CM(M) 975/2025 1
HIGH COURT OF DELHI
Date of Decision: 23rd May, 2025
CM(M) 975/2025 & CM APPL. 32270-32273/2025
AMRIK KAUR .....Petitioner
Through: Mr. Vasnshul Pali, Advocate.
VERSUS
COMPETENT AUTHORITY NEW DELHI .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Mr. Dilawar Singh, husband of Petitioner had filed an appeal before Appellate Tribunal, SAFEMA [Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act], New Delhi which was registered as Appeal No. 56/2016.

2. It was, however, dismissed-in-default on 14.05.2017.

3. It is submitted that such appeal was filed by Mr. Dilawar Singh who remained behind the bars and came out of Jail on 17.04.2023.

4. It was, thereafter, only that an application was moved before the learned Appellate Tribunal seeking restoration of said appeal along with the application seeking condonation of delay of 751 days.

5. It is also submitted that Ms. Amrik Kaur (wife of Mr. Dilawar Singh) has also moved an application seeking impleadment in the abovesaid appeal and that they are seeking setting aside of freezing order as well as the CM(M) 975/2025 2 forfeiture order, passed against their property.

6. Such restoration request was taken up by the learned Appellate Tribunal on 14.05.2025 and the matter is now fixed for 01.07.2025.

7. The present petition has been filed with the request that if the urgent relief is not granted, the entire appeal would become infrucutous.

8. This Court feels that an appropriate request in this regard can always be made before the learned Appellate Tribunal and, therefore, the petition is disposed of with direction to the concerned appellant/petitioner to move appropriate application before the learned Appellate Tribunal seeking any interim/urgent relief.

9. This Court excepts that as and when any such application is moved, the same would be considered, in accordance with law.

10. Present petition stands disposed of in aforesaid terms.

11. Pending applications also stand disposed of in aforesaid terms.

12. Copy of this order be given dasti under the signatures of the Court Master.

JUDGE MAY 23, 2025/sw/JS