K'taka HC upholds seizure of Rs.5,551 crore from Xiaomi for FEMA violation
Bengaluru, Apr 21: The High Court of Karnataka on Friday upheld the seizure of Rs 5,551.27 crore from Xiaomi India for violation of the Foreign Exchange Management Act (FEMA).
The Enforcement Directorate (ED) had seized the amount from the company's account and this was upheld by the Competent Authority. Xiaomi had challenged the Competent Authority's order in the HC.
On Friday, Justice M Nagaprasanna dismissed the petition holding that it was valid under Section 37 A of FEMA. However, liberty was granted to Xiaomi to approach the Appellate Tribunal and challenge the Competent Authority's order under Section 37A(5).
The ED had in 2022 ordered the seizure of Rs.5,551.27 crore in the accounts of Xiaomi for allegedly violating FEMA rules and transferring money in the guise of royalty to three companies outside India; two in the USA and one in China.
The company had approached the HC against this order. The HC had however ordered it to approach the Competent Authority under FEMA. The Competent Authority had upheld the seizure.
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Xiaomi had approached the HC again challenging the Competent Authority's order. After hearing the arguments, Justice M Nagaprasanna had reserved the judgement on November 17, 2022.
Xiaomi had challenged the Constitutional validity of Section 37A of FEMA, which authorises the Authorised Officer prescribed by the central government to order seizure of property held outside India for violating Section 4 of the Act. The Court in its judgment has said that Xiamoi's challenge to the Section is maintainable, but since there was no arbitrariness in the Section 37A, it was "Constitutional".
The ED had given the seizure order to freeze the amount from the bank accounts of Xiaomi on April 29, 2022.
The Competent Authority confirmed the order on September 29, 2022. Xiaomi filed the petition on October 3, 2022 challenging it.
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Skipper Curran, bowlers lead PBKS to a five-wicket win over RR
Guwahati, May 15: Skipper Sam Curran played the lead act hitting a well-paced fifty and taking two wickets, as Punjab Kings consigned Rajasthan Royals to a five-wicket defeat in their IPL match here on Wednesday.
The target was a mere 145, but Kings made heavy weather of it on a sluggish track here but Curran (63 not out, 41b, 5x4, 3x6) had a calm head and skills to lift them to their fifth win of the season. PBKS made 145/5 in 18.5 overs.
The Englishman received good support from Jitesh Sharma (22, 20b) as the pair added 63 runs in a fluent fifth wicket partnership.
For Royals, it was their fourth defeat on the trot, but they remained second on the table with 16 points with a qualification to the playoffs to boot with.
The Kings’ chase began on a shaky note as they lost Prabhsimran Singh in the first over itself to Trent Boult.
But bigger jolts were in store as an impressive Avesh Khan (2/28) scalped two wickets in the fifth over.
The right-arm pacer first plucked the important wicket of Rilee Rossouw, who played some strong shots in his 13-ball 22, and then jettisoned in-form Shashank Singh for a two-ball naught.
Shashank failed to connect a fuller, straighter one from Avesh while attempting a flick, and the 141 kmph delivery thudded on his bat. Shashank did not even bother to use DRS as he walked away.
Punjab gained some ground through the alliance between Curran and Jitesh, who smoked R Ashwin for two sixes.
Curran too gave a dose of punishment to the veteran offie, lofting him for a wonderful six over extra cover.
But the blossoming stand was snapped by Yuzvendra Chahal (2/31), leaving PBKS at 111 for five in the 16th over.
However, Curran and Ashutosh Sharma (17 not out, 11 balls) knocked off the remaining runs without further drama.
Earlier, despite a well-tuned 48 from local hero Riyan Parag, RR struggled against an array of accurate bowlers on a rather slow pitch, meandering to a sub-par 144 for nine.
R Ashwin (28, 19b, 3x4, 1x6) and Parag (48, 34, 6x4) tried to accelerate during their 50-run stand for the fourth wicket but it could only bring in a temporary momentum for RR.
In fact, lethargy had set in very early in the Rajasthan innings after the early loss of Jaiswal, who chopped a Curran (2/24) delivery back on to his stumps.
Sanju Samson (18), who went past 500-run in a season for the first time in his IPL career, and Tom-Kohler Cadmore (18, 23b) stitched 36 runs for the second wicket but took six overs for it.
But with Curran and Arshdeep finding a hint of swing and maintaining a good line, scoring was not an easy proposition for the RR batters.
Eventually, Samson, who tried a hopping cut off pacer Nathan Ellis, gave a simple catch to Rahul Chahar at point in the seventh over.
Cadmore too returned to the dugout in the next over, as his almighty heave off leg-spinner Chahar (2/26) could not progress beyond Jitesh in the deep.
Those twin dismissals actually paved the way for the best phase in the Royals’ innings as Ashwin and Parag pressed their foot on the right pedal.
Ashwin displayed his batting skills, smashing Chahar for 17 runs in the 12th over that included a sequence of 6, 4, 4 and the first four was a stunning reverse scoop over backward point.
But he could not further extend his innings, lofting Arshdeep to Shashank.
Parag, usually a free-flowing batter, had to curb his flair in front of a hugely adoring home crowd because of the regular fall of wickets at the other end.
But a late cut off Curran that sped to third man stood as a testament of his ability and timing as he also moved past the 500-run mark for the season, before getting trapped in front of the wicket by Harshal Patel.
However, apart from conquering those little peaks the RR batters failed to slip into the top gear consistently.
