Legal Heirs May Pursue Pending FERA or FEMA Appeals: Delhi High Court

The Delhi High Court held legal heirs entitled to seek impleadment in pending appeals under the Foreign Exchange Regulation Act, 1973 (FERA) and the Foreign Exchange Management Act, 1999 (FEMA), upon the death of an appellant.

Interpreting Sections 55 and 43 of FERA, the Court clarified that no statutory limitation period exists for such applications and that an appeal cannot abate merely due to the appellant’s death, as rights and liabilities pass to legal representatives.

The Court rendered this decision while considering a petition seeking condonation of a 3,621-day delay in filing an impleadment application by the deceased appellant’s son.

[Abdul Hameed Rehmani v Special Director, Enforcement Directorate]