Karnataka High Court Reserves Decision On Xiaomi's Petition Challenging Seizure of ₹5551.27 Crore By Enforcement Directorate
Live LawThe Karnataka High Court on Wednesday reserved its decision on the petition filed by Xiaomi Technology India Private Limited challenging the order passed by the Competent Authority appointed under the Foreign Exchange Management Act,1999, confirming the order issued by the Enforcement Directorate seizing Rs.5551.27 crores of the company. Further questioning the locus standi of the petitioner company in challenging the constitutional validity of Section 37A of the FEMA, it was said, "Can a foreign company challenge constitutional validity of the statue, it doesn't even have voting right. The present petition has no locus standi…" The company had approached the court challenging the constitutional validity of section 37A of FEMA Act contending it to be violative of Article 14, 20 read with Article 300A and 301 of the Constitution of India. "The interim order passed by this court on 05.05.2022 and clarified on 12.05.2022 would enure to the benefit of the petitioner, till the competent authority passes order Section 37A of FEMA," the court had said in its order dated July 5.