M/S Xerox Modi Corp Ltd. vs The Special Director, ... on 8 January, 2015

$~R-12.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                         Date of Decision: 08.01.2015

%     CRL.A. 300/2009
      M/S XEROX MODI CORP LTD.                              ..... Appellant
                             Through:   Mr. Vijay Nair & Ms. Neeharika
                                        Aggarwal, Advocates.
                    versus

      THE SPECIAL DIRECTOR,
      ENFORCEMENT DIRECTORATE                               ..... Respondent

Through: Mr. Vineet Malhotra, Mr. Vishal Gohri & Mr. Jitender, Advocates for respondent/ ED.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J. (OPEN COURT)

1. At the commencement of the hearing today, learned counsel for the respondent has sought to urge the preliminary objection taken by it in its reply, namely to the territorial jurisdiction of this Court to deal with the present appeal.

2. In this regard, reference is made to Section 35 of the Foreign Exchange Management Act, 1999, which provides that "Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court ... ... ... ... ...". In the explanation, the term 'High Court' has been defined to mean "(a) the High Court within the jurisdiction CRL.A. 300/2009 Page 1 of 5 of which the aggrieved party ordinarily resides or carries on business or personally works for gain; and... ... ... ... ...".

3. The submission of Mr. Malhotra is that the appellant company has its Registered Office in Noida,