Showing posts with label Consultant for Foreign Exchange Management Act (FEMA). Show all posts
Showing posts with label Consultant for Foreign Exchange Management Act (FEMA). Show all posts

Saturday, May 19, 2018

FREQUENTLY ASKED QUESTIONS ON EXTERNAL COMMERCIAL BORROWIGNS BY RBI UPDATED AS ON 11th MAY 2018.


RECENT UPDATES BY RBI

FAQ’s ISSUED BY RBI on ECBs

FREQUENTLY ASKED QUESTIONS ON EXTERNAL COMMERCIAL BORROWIGNS BY RBI UPDATED AS ON 11th MAY 2018.

RBI FAQ’s covers the following areas:
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For more details , please click the following link:



One Full day seminar on FEMA at Mumbai on June 2 ,2018
Please attend one Full day seminar on FEMA at Mumbai on June 2 ,2018 as only limited seats are available. Please rush your request immediately.

For more details , please click the following link:



Friday, October 12, 2012

Foreign investment in NBFC Sector - Further Liberalisation for establishing step down subsidiaries by NBFCs with FDI

Foreign investment in NBFC Sector - Further Liberalisation for establishing step down subsidiaries by NBFCs with FDI


Ref: RBI AP DIR 41 dated October 10, 2012


RBI has revised the conditions for the establishing step down subsidiraries by NBFCs with FDI as per details below

No. 137 dated June 28, 2012
Earlier Condition
Revised condition
Sr.No.24.2 (1) (iv)
10 100% foreign owned NBFCs with a minimum capitalisation of US$ 50 million can set up step down subsidiaries for specific NBFC activities, without any restriction on the number of operating subsidiaries and without bringing in additional capital. The minimum capitalization condition as mandated by para 3.10.4.1, therefore, shall not apply to downstream subsidiaries.
NBFCs (i) having foreign investment more than 75% and up to 100%, and (ii) with a minimum capitalisation of US$ 50 million, can set up step down subsidiaries for specific NBFC activities, without any restriction on the number of operating subsidiaries and without bringing in additional capital.The minimum capitalization condition as mandated by para 3.10.4.1 of DIPP Circular 1of 2012 dated April 10, 2012 on Consolidated FDI Policy, therefore, shall not apply to downstre
am subsidiaries

Wednesday, October 10, 2012

External Commercial Borrowings (ECB) Policy – Review of all-in-cost ceiling

External Commercial Borrowings (ECB) Policy – Review of all-in-cost ceiling

 
Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 99 dated March 30, 2012 relating to ECB.

2. It has been decided that the all-in-cost ceiling as specified in A.P. (DIR Series) Circular No. 99 dated March 30, 2012 will continue to be applicable until further review.


:
Average Maturity Period
All-in-cost over 6 month LIBOR*
Three years and up to five years
350 bps
More than five years
500 bps
* for the respective currency of borrowing or applicable benchmark

3. All other aspects of ECB policy remain unchanged and AD Category – I banks may bring the contents of this circular to the notice of their constituents and customers.

Reference A.P. (DIR Series) Circular No. 40 dated October 09, 2012

Tuesday, October 9, 2012

NRIs beat FDI, keep the money coming, In Last Three Years ,NRI has sent more money than receipts through FDIs

Remittances or private money transfers from non-resident Indians (NRIs) have been rising steadily despite a slowdown of the global economy and have become a more reliable source of funds for many Indian families compared with the tangible volume and benefits of foreign direct investment
Official data for the past three years show that while FDI inflows fluctuated and even dipped, inward remittances were upwardly mobile.

In 2011-12, NRI remittances were $66.13 billion ( Rs. 3,42,884.05 crore), against an FDI inflow of $46.84 billion into the country. Inward remittances have been on an upswing over the past three years, unaffected by factors, such as a fragile global economy and boosted by a falling rupee, of late. http://www.hindustantimes.com/Images/popup/2012/10/08-10-12-pg-01a.jpg

The Gulf countries (West Asia) and North America are the two top sources of remittances to India, with Europe placed a distant third.

A Reserve Bank of India study finds that 30.8% of total foreign remittances came from West Asia, while 29.4% came from North America and 19.5% came from Europe.

The study also said that 40% of all such remittances were used for household expenses.

These remittances now account for around 4% of gross domestic product (GDP).

Kerala, Tamil Nadu, Punjab and Uttar Pradesh are among the top remittance-receiving states in India.

In 2011, remittances to Kerala clocked R49,965 crore, accounting for 31.2% of its GDP, according a Kerala Migration Survey, conducted by the Centre for Development Studies (CDS) for the ministry of overseas Indian affairs.

In other words, remittances were more than six times the money Kerala gets in Union government assistance.

According to World Bank estimates, in 2011, the other major inward remittance beneficiary countries were China ($57 billion), Mexico ($24 billion), the Philippines ($23 billion), and Pakistan and Bangladesh ($12 billion each).

However, compared with the Indian official figure, the World Bank's figure for India was $58 billion.

Although, the amounts are different in the two estimates, India tops the chart for top remittance-receivers in the word.


The Indian official figure states that remittance to the country was $55.62 billion in 2010-11, which rose from $53.64 billion in 2009-10.

When compared with remittance figures, there was no great cheer on the FDI front in 2010-11.

That year, India received an FDI of $34.84 billion, which was lower than the corresponding figure of $37.74 billion in 2009-10, according to data from the industrial policy and planning department.

Government officials also say a depreciating rupee and higher interest rate for deposits are driving NRIs to park more of their money in the country.

"The interest rates our banks offer are more than that of developed countries and even the Gulf countries, where over six million Indians work," an official said.

 "This trend of rise in remittances is here to stay. Indians prefer to park their money back home, which they find a very safe option. The falling rupee has also been a windfall for them."

Courtesy - Mr.Jayanth Jacom , Hindustan Times , 8th October 2012

Wednesday, September 26, 2012

LIBERALISATION OF FDI IN SINGLE-RETAIL , MULTI-BRAND RETAIL , CIVIL AVIATION, POWER EXCHANGES , BROADCASTINGS


UPTO 1OO% FDI IS ALLOWED UNDER SINGLE-BRAND RETAIL TRADING

UPTO 51% FDI IS ALLOWED UNDER MULTI-BRAND RETAIL TRADING

UPTO 49% FDI IS ALLOWED IN  CIVIL AVIAITION

UPTO 49% FDI IS ALLOWED   in Power Exchanges

UPTO 49% FDI IS ALLOWED IN  BROADCASTING CARRIAGE SERVICES UNDER AUTOMATIC ROUTE AND FROM 49% TO 74% UNDER GOVERNMENT APPROVAL ROUTE

Liberalisation under FEMA is now announced by the Govement

a) FDI up to 100 per cent is now permitted in Single–Brand Product Retail Trading by only one non-resident entity, whether owner of the brand or otherwise, under the Government route subject to the terms and conditions as stipulated in Press Note No. 4 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.

b) FDI up to 51 per cent is now permitted in Multi-Brand Retail Trading under the Government route, subject to the terms and conditions as stipulated in Press Note No. 5 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.

c) Foreign airlines are permitted FDI up to 49% in the capital of Indian companies in Civil Aviation Sector, operating scheduled and non-scheduled air transport, under the automatic/Government route subject to the terms and conditions as stipulated in Press Note No. 6 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.

d) FDI limits in companies engaged in providing Broadcasting Carriage Services under the automatic/Government route have been reviewed and the same would be subject to the terms and conditions as stipulated in Press Note No. 7 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.

e) FDI up to 49% is permitted in Power Exchanges registered under the Central Electricity Regulatory Commission (Power Market) Regulations, 2010, under the Government route, subject to the terms and conditions as stipulated in Press Note No. 8 (2012 Series) dated September 20, 2012 issued by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India.
 
Ref: RBI/2012-13/217 -A. P. (DIR Series) Circular No. 32 dated September 21, 2012

NEW REPORTING FORMALITIES FOR Establishment of Liaison Offices (LO) /Branch Offices (BO) / Project Offices

Establishment of Liaison Offices (LO) /Branch Offices (BO) / Project Offices (PO) in India by Foreign Entities – Reporting requirement

 
 
All the new entities setting up LO/BO/PO shall henceforth file :
  1. submit a report containing information as per Annex within five working days of the LO/BO/PO becoming functional to the DGP of the state concerned in which LO/BO/PO has established its office; if there are more than one office of such a foreign entity, in such cases to each of the DGP concerned of the state where it has established office in India;
  2. a copy of the report as per Annex shall also be filed with the DGP concerned on annual basis along with a copy of the Annual Activity Certificate/Annual report required to be submitted by LO/BO/PO concerned, as the case may be.
  3. A copy of report thus filed as above shall also be filed with AD by LO/BO/PO concerned.

 The existing LO/BO/PO shall henceforth report the information as per Annex along with the copy of Annual Activity Certificate/Annual report to DGP of state concerned and also file a copy of the same with AD bank.
 
 
 
Ref _ RBI/2012-13/222-A. P. (DIR Series) Circular No. 35 dated September 25, 2012

Friday, September 14, 2012

Indian Government has opened the gates for FDI in Multi-brand retail but state governments to decide whether to allow FDI or not in their State

Indian Government has opened the gates for FDI in Multi-brand retail but state governments to decide whether to allow FDI or not in their State

In a huge signal that it is shrugging off its policy paralysis, the government has pushed through the move to allow foreign direct investment in multi-brand retail.

Overriding huge opposition from allies like Mamata Banerjee and friendly parties like Mulayam Singh Yadav, the government, in a surprise move, has opened its retail sector to foreign supermarkets. This will allow global retail giants like WalMart to set up deep-discount stores in India. The decision is bound to create a much bigger political storm than what the hike in diesel prices has.

Importantly - and the government has underscored this provision - the policy allows state governments to decide whether to allow FDI in multi-brand retail or not. So, the government says, if opposition parties don't want the FDI, they can make that choice.
Multinational retailers like WalMart, Carrefour of France and Metro of Germany already have stores, but they are not allowed to sell to walk-in customers. They deal with smaller retailers, like the family-run shops in most localilities. The government had last year cleared 51 per cent FDI in multi-brand retailers for cities with populations of more than a million. But it had to rollback that decision after huge protests led by allies of the UPA government and the opposition, broke out across the country.

The decision set off fears that multinational giants will put small retailers and local shops that service households will be wiped out. Those in favour of FDI say that this unlikely since local mom-and-pop shops give personalised services like home delivery that these huge deep-discount stores won't. They also say that most of these stores, because of their size will be far fewer that local establishments.

FDI in multi-brand retail has many pre-conditions, though. The minimum FDI limit has been set at $100 million. Half of any investment has to made in infrastructure like cold-storage chains and warehouses. This is designed to help the agricultural sector and India has a severe shortage of these.
The most problematic condition, from the point of view of investors, wil be that at least 30 per cent of the good to be sold will have to sourced from local producers. Analysts say that MNCs might have a problem of quality control and supply.

FDI is single-brand retail is permitted, but that too with several conditions, including the 30 per cent local procurement. Household goods giant IKEA of Sweden wants to invest more than Rs. 10,000 crore to set up stores, but wants this rule to be relaxed. There is split within the government over this.

The government argues that FDI in multi-brand will give consumers the best deals possible on goods and also get it much-needed money.

It also says that farming sector will get a boost, since big retailers will not only source directly from them, cutting out middlemen, but also invest in cold-storages and other technology that India lacks. Those opposed to FDI in multi-brand retail say that it will be exactly the opposite: MNCs will control prices and squeeze the producers.

These MNCs are also expected to generate jobs in the areas where they set up stores as well as along the procurement chain. The government sees this as a big advantage
Courtesy : NDTV

Tuesday, September 11, 2012

Repayment of Rupee loans and/or fresh Rupee capital expenditure by Availing External Commercial Borrowings (ECB)

External Commercial Borrowings (ECB) Policy – Repayment of Rupee loans and/or fresh Rupee capital expenditure – USD 10 billion scheme

 
 
 allowed  Indian companies to avail of ECBs for repayment of Rupee loan(s) availed of from the domestic banking system and / or for fresh Rupee capital expenditure, under the approval route, subject to them satisfying the following conditions:-
  1. Only companies in the manufacturing and infrastructure sector will be eligible to avail of such ECBs;
  2. Such companies shall be a consistent foreign exchange earner during the past three financial years;
  3. Such companies are not in the default list/caution list of the Reserve Bank of India; and
  4. Such ECBs shall only be utilized for repayment of the Rupee loan(s) availed of for 'capital expenditure' incurred earlier and are still outstanding in the books of the domestic banking system and / or for fresh Rupee capital expenditure
Cap on ECB that can be availed of by an individual company under the scheme is limited to 50 per cent of the average annual export earnings realised during the past three financial years.
3. On a review, it has been decided:
(a) to enhance the maximum permissible limit of ECB that can be availed of to 75 per cent of the average foreign exchange earnings realized during the immediate past three financial years or 50 per cent of the highest foreign exchange earnings realized in any of the immediate past three financial years, whichever is higher;
(b) in case of Special Purpose Vehicles (SPVs), which have completed at least one year of existence from the date of incorporation and do not have sufficient track record/past performance for three financial years, the maximum permissible ECB that can be availed of will be limited to 50 per cent of the annual export earnings realized during the past financial year; and
(c) The maximum ECB that can be availed by an individual company or group, as a whole, under this scheme will be restricted to USD 3 billion.

Ref- RBI circular -RBI/2012-13/200-A.P. (DIR Series) Circular No. 26
dated September 11, 201

Overseas Investment by Indian Parties in Pakistan under Approval Route

Attention of the Authorised Dealer (AD - Category I) banks is invited to the Notification No. FEMA 120/RB-2004 dated July 7, 2004 [Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Amendment) Regulations, 2004] (the Notification), as amended from time to time.

2. In terms of Regulation 6 (2) of the Notification ibid, “Notwithstanding anything contained in these Regulations, investment in Pakistan shall not be permitted.” It has now been decided that the overseas direct investment by Indian Parties in Pakistan shall henceforth be considered under the approval route under Regulation 9 of the Notification, ibid.

3. Necessary amendments to the Foreign Exchange Management (Transfer or Issue of Any Foreign Security), Regulations, 2004 are being issued separately.

Ref- RBI/2012-13/198-A. P. (DIR Series) Circular No. 25 dated September 7, 2012

 

Sunday, September 2, 2012

Foreign investment by Qualified Foreign Investors (QFIs) – Hedging facilities

Foreign investment by Qualified Foreign Investors (QFIs) – Hedging facilities


Attention of Authorized Dealers Category – I (AD Category – I) banks is invited to the Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000 dated May 3, 2000 [Notification No. FEMA/25/RB-2000 dated May 3, 2000] and A.P. (DIR Series) Circular No.32 dated December 28, 2010, as amended from time to time.

2. In terms of A.P. (DIR Series) Circular No.8 dated August 9, 2011, A.P. (DIR Series) Circular No. 42 dated November 3, 2011, A.P. (DIR Series) Circular No. 66 dated January 13, 2012 and A.P. (DIR Series) Circular No. 89 dated March 1, 2012, Qualified Foreign Investors (QFI) are allowed to invest in rupee denominated units of domestic Mutual Funds and listed equity shares and allowing SEBI registered FIIs to invest in to be listed debt securities subject to the terms and conditions mentioned therein.

Further, in terms of A.P. (DIR Series) Circular No. 7 dated July 16, 2012, Qualified Foreign Investors (QFIs) have been permitted to purchase on repatriation basis debt securities subject to the various terms and conditions. As per para 2(x) of the circular, QFIs would be permitted to hedge their currency risk on account of their permissible investments (in equity and debt instruments) in terms of the guidelines issued by the Reserve Bank from time to time.

3. It has now been decided to allow QFIs to hedge their currency risk on account of their permissible investments (in equity and debt instruments), as per the details given in the Annex.

4. Necessary amendments to the Notification No. FEMA.25/RB-2000 dated May 3, 2000 [Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000] are being notified separately.

5. AD Category - I banks may bring the contents of this circular to the notice of their constituents .

Ref- RBI/2012-13/185-A. P. (DIR Series) Circular No. 21 dated 31st August 2012

Wednesday, August 1, 2012

FURTHER CLARIFICATION ON COMPOUNDING OF OFFENSES UNDER FEMA BY RBI

Foreign Exchange Management Act, 1999 (FEMA)-
Compounding of Contraventions under FEMA, 1999

Attention of all the Authorised Dealer Category - I (AD Category - I) banks and their constituents is invited to A.P. (DIR Series) Circular no. 56 dated June 28, 2010 and the subsequent Press Release dated August 13, 2010, clarifying the position on ‘technical’ contravention and subsequent compounding thereof.

2. In this connection, it is clarified that whenever a contravention is identified by the Reserve Bank or brought to its notice by the entity involved in contravention by way of a reference other than through the prescribed application for compounding, the Bank will continue to decide (i) whether a contravention is technical and/or minor in nature and, as such, can be dealt with by way of an administrative/ cautionary advice; (ii) whether it is material and, hence, is required to be compounded for which the necessary compounding procedure has to be followed or (iii) whether the issues involved are sensitive / serious in nature and, therefore, need to be referred to the Directorate of Enforcement (DOE). However, once a compounding application is filed by the concerned entity suo moto, admitting the contravention, the same will not be considered as ‘technical’ or ‘minor’ in nature and the compounding process shall be initiated in terms of section 15 (1) of Foreign Exchange Management Act, 1999 read with Rule 9 of Foreign Exchange (Compounding Proceedings) Rules, 2000.



 Ref:RBI/2012-13/153-A.P. (DIR Series) Circular No.11 dated 31st July 2012




Thursday, July 12, 2012

RBI HAS Revised A-2 Form for Various remittances out of India

Revised A-2 Form -Revised list of purpose codes along with Form A-2

 In A-2 forms ,RBI has already amended the purpose codes for foreign exchange purchase/ sale transactions, used for filling up of the cover page of R-Return have since been revised, vide A.P.(DIR Series) Circular No. 84 dated February 29, 2012.; It has therefore become necessary to revise the list of purpose codes appended to Form A-2 also. The revised list of purpose codes along with Form A-2 are thus annexed for use by the applicants for remittance of funds abroad.

Please click the following link to go to the revised form Link

 


http://rbidocs.rbi.org.in/rdocs/content/pdfs/1ANN120712.pdf


Regards

R.V.Seckar

Mobile- 09848915177

Pl do visit my blogs :

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Monday, June 25, 2012

NOW , MANUFACTURING and INFRASTRUCTURE COMPANIES CAN BORROW 10 BILLION USD FOR REPAYMENT OF RUPEE LOAN UNDER APPROVAL ROUTE

External Commercial Borrowings (ECB) – Repayment of Rupee loans


Attention of Authorized Dealer Category-I (AD Category-I) banks is invited to the Foreign Exchange Management (Borrowing or lending in foreign exchange) Regulations, 2000, notified vide Notification No. FEMA 3/2000-RB dated May 3, 2000, as amended from time to time, A.P. (DIR Series) Circular No. 25 dated September 23, 2011 and A.P. (DIR Series) Circular No. 111 dated April 20, 2012 relating to relaxation of ECB norms for Infrastructure and Power sector.

2. On a review, it has been decided to allow Indian companies to avail of ECBs for repayment of Rupee loan(s) availed of from the domestic banking system and / or for fresh Rupee capital expenditure, under the approval route, subject to them satisfying the following conditions:-

  1. Only companies in the manufacturing and infrastructure sector will be eligible to avail of such ECBs;
  2. Such companies shall be a consistent foreign exchange earner during the past three financial years;
  3. Such companies are not in the default list/caution list of the Reserve Bank of India; and
  4. Such ECBs shall only be utilized for repayment of the Rupee loan(s) availed of for 'capital expenditure' incurred earlier and are still outstanding in the books of the domestic banking system and / or for fresh Rupee capital expenditure.

3. The overall ceiling for such ECBs as in para 2 above shall be USD 10 (ten) billion. The maximum permissible ECB that can be availed of by an individual company will be limited to 50 per cent of the average annual export earnings realised during the past three financial years.TheECBs will be allowed to companies based on the foreign exchange earnings and its ability to service the ECB. The companies should draw down the entire facility within a month after taking the Loan Registration Number (LRN) from the Reserve Bank.

4. Companies desirous of availing such ECBs may submit their applications in Form ECB through their designated Authorised Dealer bank with certification from the Statutory Auditor regarding the utilization of Rupee loan(s) with respect to 'capital expenditure' incurred earlier. Statutory Auditor shall also certify that the company is a consistent foreign exchange earner during the past three financial years. The outstanding Rupee loan(s) shall be duly certified by the domestic lending bank(s) concerned and the designated Authorised Dealer bank. Authorised Dealer should ensure that the foreign exchange for repayment of ECB is not accessed from Indian markets and the liability arising out of ECB is extinguished only out of the foreign exchange earnings of the borrowing company.

5. The designated AD - Category I bank shall monitor the end-use of funds and bank(s) in India will not be permitted to provide any form of guarantee(s). All other conditions of ECB, such as recognized lender, all-in-cost, average maturity, prepayment, refinancing of existing ECB and reporting arrangements shall remain unchanged and shall be complied with.

REF-A. P. (DIR Series) Circular No. 134 dated 25 JUNE 2012

Monday, June 18, 2012

FILE APPEAL WITHIN THE TIME LIMIT OF SECTION 35 OF FEMA-ELSE CONDONATION OF DELAY WILL NOT BE POSSIBLE

FILE APPEAL WITHIN THE TIME LIMIT OF SECTION 35 OF FEMA-ELSE CONDONATION OF DELAY WILL NOT BE POSSIBLE -

KETAN V. PAREKH & ORS v. SPECIALDIRECTOR, DIRECTORATE OF ENFORCEMENT & ANR [SC]

This case relates to Section35 of FEMA Foreign Exchange Management Act, 1999-- There was a delay of 2 years and 8 months' delay in filing appeal before the HighCourt- High Court declined to condone the delay - Whether decision of the High Court is correct- The Supreme Court concurred with the decision of the High Court
The defenedant held the plaintiff was  guilty of infringing the provisions of FEMA and levied penalty on them. TheAppellants contested he penalty before the Appellate Tribunal for Foreign Exchange and requested for cancelling with the need of pre-deposit of the amount of penalty.Appellate Tribunal ordered the Appellants to deposit fifty percent of the amount of penalty with a condition that if they fail to do so, the appeals will be dropped.

The Appellants contested the above verdict, by  filing writ petitions, before the Delhi High Court which set aside the writ petitions. Hence, the Appellants filed appeals under Section 35 of the Foreign Exchange and Management Act before the Bombay High Court. Defendants also filed applications for condonation of  2 years and 8 months' delay.The Division Bench of the Bombay High Court set aside  the applications for condonation of delay by citing that it does not possess authority to consider an appeal filed beyond four months and even though in terms of the autonomy given by the Delhi High Court, the Appellants could have made their appeals within one month, but they did not  do so and, hence,time lag in filing the appeals cannot be excused.
However , Supreme Court of India did not allow the appeal and set aside the appeal on the following elements:
 
Supreme Court was of the view that the applleants plaint did not even mention that they had been prosecuting a relief before a wrong forum before the Delhi High Court with good faith.

Further , the plaintiffs did not mention in their plaint that they lost time in fighting their case before the Delhi High Court.

This demonstrates that the Plaintiffs were trying to have cover under Section 5 of the Limitation Act, which, as emphasised before cannot be taken into account due to the wording  of Section 35 of the FEMA Act and elucidation  of analogues provisions by this Court.
Hence,the Division Bench of the Bombay High Court correcty pointed out  that even though the
dispute pertaining  to jurisdiction of the Delhi High Court to extend time to the plaintiffs to file appeals is highly controversial, the time mentioned  in the order given by the Delhi High Court
cannot be extended.
In view of the above discussion, we hold that the impugned order does not suffer from any legal infirmity.

For any clarification or more information , please contact rvsekar2007@gmail.com or 09848915177.