DALPRT FCRA Writ

IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 2021
IN THE MATTER OF:
Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner
Versus
Union of India ...Respondent
INDEX
S.NO. PARTICULARS PAGES COURT

FEE
1. Notice of Motion 1
2. Urgent Application 2
3. Memo of party 3–4
4. Synopsis and List of dates 5–9
5. Writ Petition with Affidavit 10 – 22
7. ANNEXURE P-1. 23
A true copy of the abstract of Resolution dt.
20.08.2021
6. ANNEXURE P-2. 24
A true copy of the screen shot dt. 01.07.2021 of the
FCRA portal
7. ANNEXURE P-3. 25 – 26
A true copy of the Representation dt. 05.07.2021 of
the Petitioner
8. ANNEXURE P-4. 27
A true copy of the email dt. 22.07.2021
9. ANNEXURE P-5. 28 – 29
A true copy of the order dt. 16.08.2021 in WP(C) No.
8442/2021, Shree Swaminarayan Mandir v. Union of
India
10. CM APPL. No. _____ of 2021 30 – 35
Application for interim relief under Section 151 of
CPC with affidavit.
11. CM APPL. No. _____ of 2021 36 – 40
Application seeking exemption from filing duly
affirmed Affidavit and undertaking regarding Court
fee.
12. Vakalatnama 41
13. Proof of Advance Service 42
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
E-mail: advocatejose@gmail.com
Place: New Delhi
Date: 30.08.2021
1
IN THE MATTER OF:
Versus
NOTICE OF MOTION
TAKE NOTICE that the accompanying petition will be listed before
the Court on /08/2021 at 10:30 O’clock in the forenoon, or soon
thereafter as may be convenient to the Court.
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
2
To
The Deputy Registrar,
High Court of Delhi, New Delhi.
IN THE MATTER OF:
Versus
URGENT APPLICATION
Sir,
Will you be kindly treat this accompanying application as an
urgent one in accordance with High Court Rules and Order.
The grounds of urgency are as mentioned in the Writ Petition.
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
3
IN THE MATTER OF:
Versus
MEMO OF PARTIES
Destitutes and Leprosy Patients Rehabilitation Trust

Through its Managing Trustee
P.B. No. 4
Grant Lyon, Vishnu Nagar, Red Hills
Chennai- 600052
Tamil Nadu ...Petitioner
Versus
Union of India
Rep. by its Deputy Secretary (FCRA)
Ministry of Home Affairs
FCRA Wing, 1st Floor
Major Dhyan Chand National Stadium
Near Pragati Maidan
New Delhi-110001 …. Respondent
4
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
5
IN THE MATTER OF:
Versus
SYNOPSIS AND LIST OF DATES
This Civil Writ Petition is filed by the Petitioner which is a
Public Charitable Trust formed for upliftment of destitutes and
leprosy patients. The Petitioner herein is filing this Civil Writ
Petition to seek direction from this Hon’ble Court to pass a Writ
of Mandamus or a direction to the respondent to allow the
petitioner to upload its form FC-4 on the respondent’s portal, as
mandated under the Foreign Contributions Regulations Act,
2010, so as to enable the petitioner to file its annual return for the
financial year 2019-2020 beyond the prescribed date of
30.06.2021 without any penalty.
It is humbly submitted that the annual return (FC-4 Form) under
the Foreign Contribution Regulation Act, 2010 (FCRA Act) for
the the financial year 2019-2020 could not be filed by the
Petitioner within the prescribed time due to a technical glitch in

6
respondent’s portal and it was delayed by few minutes. However,
when the filing of annual return was attempted after sometime, to
the utter shock of the Petitioner, it was found that penalty and
compounding fee amounting to Rs.5,18,891/- was directed to be
paid before the filing can be completed.
The Petitioner Trust is relatively small trust running an Old Age
Home and an Orphanage. The ongoing Covid-19 pandemic and
resultant lockdowns have severely hampered the activities of the
Petitioner’s activities but it has ensured that all the statutory
filings (including FCRA) are bring done as required within the
stipulated time limits. However, the delay of few minutes in
filing FCRA returns, is clearly due to the technical glitch in the
Respondent’s portal.
So it is humbly submitted that the Petitioner cannot be penalised
for a technical glitch in the Respondent’s portal which has
resulted in the delay of filing of annual return. It is humbly
submitted that the act of the Respondent to penalise the Petitioner
for no fault of it is clearly arbitrary being violative of its
fundamental rights.
It is pertinent to note that the same technical problem was faced
by a number of other similarly placed parties as the petitioner.
One such party, similarly placed to the Petitioner has approached

7
this Hon’ble Court in W.P.(C) 8442/2021, Shree Swaminarayan
Mandir v. Union of India, which is still pending.
Hence this petition.
LIST OF DATES
08.12.1990 The Balaramapuram Leprosy Patients
Rehabilitation Trust (BALPART) Public
Charitable Trust was formed on 08.12.1990 in
India for upliftment of destitutes and leprosy
patients.
24.11.1994 The said Trust was registered under Section 6(1)
of the Foreign Contribution (Regulation) Act,
1976 with Registration Number 075900588 vide
order No. II/21022/67 (337)/92-FCRA – III dated
24 November 1994 by the Ministry of Home
Affairs, Union of India.
1997 In 1997, BALPART was registered as a Public
Charitable Trust with the Registrar of Societies in
India.
2014 In 2014 the name BALPART, through an
amendment, was renamed as DALPART
(DESTITUTES AND LEPROSY PATIENTS

8
REHABILITATION TRUST) to give it a wider
scope of service.
07.08.2016 The registration of the Trust under Section 6(1)
of the Foreign Contribution (Regulation) Act,
1976 was renewed vide Notification dt.
07.08.2016.
30.06.2021 On 30.06.2021, which is the last date for filing of
annual return under FCRA for the the financial
year 2019-2020, the Petitioner tried to file the
same but could not file it within the prescribed
time due to a technical glitch in respondent’s
portal and it was delayed by few minutes.
However, when the filing of annual return was
attempted after sometime, to the utter shock of
the Petitioner, it was found that penalty and
compounding fee amounting to Rs.5,18,891/-
was directed to be paid before the filing can be
completed.
05.07.2021 The Petitioner herein preferred a representation
before the Respondent mentioning therein the
above problem faced by it during the filing of

9
annual return and requested it to consider the
filing of annual return of the Petitioner without
any penalty. However, there is no reply to same.
16.08.2021 It is pertinent to note that the same technical
problem was faced by a number of other
similarly placed parties as the petitioner. One
such party, similarly placed to the Petitioner has
approached this Hon’ble Court in W.P.(C)
8442/2021, Shree Swaminarayan Mandir v.
Union of India in which vide order dt.
16.08.2021, this Hon’ble Court was pleased to
issue notice and directed the Respondent to not to
take any coercive action be taken against the
petitioner therein for non-filing of the return
30.08.2021 The present Writ Petition is filed.

10
CIVIL WRIT PETITION NO. OF 2018
IN THE MATTER OF:
Versus
IN THE MATTER OF:
Destitutes and Leprosy Patients Rehabilitation Trust

Through its Managing Trustee
P.B. No. 4
Grant Lyon, Vishnu Nagar, Red Hills ...Petitioner
Chennai- 600052
Tamil Nadu
Versus
Union of India
Rep. by its Deputy Secretary (FCRA)
Ministry of Home Affairs
FCRA Wing, 1st Floor
Major Dhyan Chand National Stadium
Near Pragati Maidan
New Delhi-110001 …. Respondent
11
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, INTER-ALIA SEEKING A
WRIT OF MANDAMUS TO THE RESPONDENT TO ALLOW
THE PETITIONER TO UPLOAD ITS FORM FC-4 ON THE
RESPONDENT’S PORTAL, AS MANDATED UNDER THE
FOREIGN CONTRIBUTIONS REGULATIONS ACT, 2010, SO
AS TO ENABLE THE PETITIONER TO FILE ITS ANNUAL
RETURN FOR THE FINANCIAL YEAR 2019-2020 BEYOND
THE PRESCRIBED DATE OF 30.06.2021 WITHOUT ANY
PENALTY
To
The Hon’ble Chief Justice and

His Companion Justices of the
Hon’ble High Court of Delhi at New Delhi
The humble petition of the
Petitioner above named
MOST RESPECTFULLY SHOWETH:
This writ petition is being filed by the petitioner to pass a Writ of
Mandamus to the respondent to allow the petitioner to upload its
form FC-4 under the Foreign Contribution Regulation Act, 1976
on the respondent’s portal, as mandated under the Foreign
Contributions Regulations Act, 2010, so as to enable the
petitioner to file its annual return for the financial year 2019-
12
2020 beyond the prescribed date of 30.06.2021 without any
penalty. A true copy of the abstract of Resolution dt. 20.08.2021
is marked as ANNEXURE P-1 and annexed herewith at Page
No. 23.
Facts of the Case:
1. Facts constituting the cause of action in the instant case is
that the annual return (FC-4 Form) under the Foreign
Contribution Regulation Act, 2010 (FCRA Act) for the
financial year 2019-2020 could not be filed by the
Petitioner within the prescribed time due to a technical
glitch in respondent’s portal and it was delayed by few
minutes. However, when the filing of annual return was
attempted after sometime, to the utter shock of the
Petitioner, it was found that penalty and compounding fee
amounting to Rs.5,18,891/- was directed to be paid before
the filing can be completed.
2. That this action on the part of the Respondent to penalise
the Petitioner for a technical glitch in the Respondent’s
portal which has resulted in the delay of filing of annual
return is clearly arbitrary and violative of fundamental
rights.
13
3. If the instant petition is not allowed, the Petitioner has to
face dire consequences under the FCRA Act which may
lead to imposition of heavy penalties and even
cancellation of registration under the FCRA Act.
4. That the petitioners have based the instant writ petition
from authentic information and documents made available
through publicly available documents.
5. That the petition, if allowed, would benefit the Petitioner
and the similarly placed parties as petitioners who could
not file the annual return under FCRA Act within the
stipulated time due to the technical glitch in the
Respondent’s portal.
6. The affected party by the orders sought in the writ petition
would be the Union of India, who have been arrayed as
Respondent in the instant petition.
Context of the Case
7. The Balaramapuram Leprosy Patients Rehabilitation Trust
(BALPART) Public Charitable Trust was formed on
08.12.1990 in India for upliftment of destitutes and
leprosy patients.
14
8. The said Trust was registered under Section 6(1) of the
Foreign Contribution (Regulation) Act, 1976 with
Registration Number 075900588 vide order No.
II/21022/67 (337)/92-FCRA – III dated 24 November
1994 by the Ministry of Home Affairs, Union of India.
9. In 1997, BALPART was registered as a Public Charitable
Trust with the Registrar of Societies in India.
10. In 2014 the name BALPART, through an amendment, was
renamed as DALPART (DESTITUTES AND LEPROSY
PATIENTS REHABILITATION TRUST) to give it a
wider scope of service.
11. On 30.06.2021, which is the last date for filing of annual
return under FCRA for the the financial year 2019-2020,
the Petitioner tried to file the same but could not file it
within the prescribed time due to a technical glitch in
respondent’s portal and it was delayed by few minutes.
However, when the filing of annual return was attempted
after sometime, to the utter shock of the Petitioner, it was
found that penalty and compounding fee amounting to
Rs.5,18,891/- was directed to be paid before the filing can
be completed. A true copy of the screen shot dt.

15
01.07.2021 of the FCRA portal is marked as
ANNEXURE P-2 and annexed herewith at Page No. 24.
12. On 05.07.2021, the Petitioner herein preferred a
representation before the Respondent mentioning therein
the above problem faced by it during the filing of annual
return and requested it to consider the filing of annual
return of the Petitioner without any penalty. However,
vide a mail dt. 22.07.2021 the Respondent rejected request
of the Petitioner stating that there is no provision under the
FCRA Act, 2010 for condoning the penalty for delayed
submission of mandatory Annual Return. A true copy of
the Representation dt. 05.07.2021 of the Petitioner is
marked as ANNEXURE P-3 at Page Nos. 25 to 26. A true
copy of the email dt. 22.07.2021 is marked as
ANNEXURE P-4 at Page No. 27.
13.It is pertinent to note that the same technical problem was
faced by a number of other similarly placed parties as the
petitioner. One such party, similarly placed to the
Petitioner has approached this Hon’ble Court in W.P.(C)
8442/2021, Shree Swaminarayan Mandir v. Union of India
in which vide order dt. 16.08.2021, this Hon’ble Court
was pleased to issue notice and directed the Respondent to

16
not to take any coercive action be taken against the
petitioner therein for non-filing of the return. A true copy
of the order dt. 16.08.2021 in WP(C) No. 8442/2021,
Shree Swaminarayan Mandir v. Union of India is marked
as ANNEXURE P-5 and annexed herewith at Page Nos.
28 to 29.
14.Hence the present Writ Petition.
GROUNDS
(i) BECAUSE the action of the Respondent is arbitrary and
have seriously violated the fundamental right of not only
the Petitioner herein.
(ii) BECAUSE the Petitioner cannot be penalised for a
technical glitch in the Respondent’s portal which has
resulted in the delay of filing of annual return.
(iii) BECAUSE the act of the Respondent to penalise the
Petitioner for no fault of it is clearly arbitrary being
violative of its fundamental rights.
(iv) BECAUSE the decision of the Respondent No. 1 is clearly
arbitrary and is in complete negation of Right to equality
enshrined under Article 14 of our Constitution. A
Constitution Bench of this Hon’ble Court in the case of

17
Ajay Hasia v. Khalid Mujib Sehravardi, (1981)1 SCC722,
741, pr. 16 held that:
“What Article 14 strikes at is arbitrariness because any
action that is arbitrary, must necessarily involve negation
of equality. The doctrine of classification which is evolved
by the courts is not para- phrase of Article 14 nor is it the
objective and end of that Article. It is merely a judicial
formula for determining whether the legislative or
executive action in question is arbitrary and therefore
constituting denial of equality. It is merely a judicial
formula for determining whether the legislative or
executive action in question is arbitrary and therefore
constituting denial of equality. If the classification is not
reasonable and does not satisfy the two conditions,
namely, (1) that the classification is founded on an
intelligible differentia and (2) that differentia has a
rational relation to the object sought to be achieved by the
impugned legislative or executive action, the impugned
legislative or executive action, would plainly be arbitrary
and the guarantee of equality under Article 14 would be
breached. Wherever, therefore, there is arbitrariness in
State action whether it be the legislature or of the
executive or of an "authority" under Article 12, Article 14

18
immediately springs into action and strikes down such
State action.”
(v) That, the Writ Petitioners most respectfully submits that it
is well settled by a catena of decisions of the Hon’ble
Supreme Court and various High Courts including in the
decision in the case of E.P. Royappa Vs. State of Tamil
Nadu and Anr., (1974)4 SCC 3, 38, pr. 85 that: “Articles
14 and 16 strike at arbitrariness in State action and
ensure fairness, and equality of treatment. They require
that State action must be based on valid relevant
principles applicable alike to all similarly situate and it
must not be guided by any extraneous or irrelevant
considerations because that would be denial of equality.
Where the operative reason for State action, as
distinguished from motive inducing from the antechamber
of the mind, is not legitimate and relevant but is
extraneous and outside the area of permissible
considerations, it would amount to mala fide exercise of
power and that is hit by Arts. 14 and 16. Mala fide
exercise of power and arbitrariness are different lethal
radiations emanating from the same vice: in fact the latter
comprehends the former. Both are inhibited by Arts. 14
and 16.” This Hon’ble Court in the case of Ramana

19
Dayaram Shetty v Airport Authority of India, (1979)3
SCC 489, 505, pr. 12 while reiterating the observation in
Eurasian Equipments and Chemicals Ltd. v. State of West
Bengal, (1975)1SCC70, held that “the Government is not
like a private individual who can pick and choose the
person with whom it will deal, but the Government is still
a Government when it enters into a contract or when it is
administering largesse and it cannot, without adequate
reason, exclude any person from dealing with it or take
away largesse arbitrarily the democratic form of
Government demands equality and absence of
arbitrariness and discrimination in such transactions.”
(vi) Any other grounds that may be urged at the time of
hearing with the permission of the Hon’ble Court.
15. That the present petitioner has not filed any other
petition in any High Court or the Supreme Court of India
on the subject matter of the present petition.
16. That all the respondents herein are instrumentalities of
state and are functioning with instruction from Delhi hence
this Hon’ble Court is having the jurisdiction to entertain
the present petition.

PRAYER
20
In the premises aforesaid, it is humbly and respectfully prayed that
this Hon’ble Court may be pleased to issue:
(a) An appropriate writ, direction or order in the nature of
Mandamus to the respondent to allow the petitioner to
upload its form FC-4 on the respondent’s portal, as
mandated under the Foreign Contributions Regulations
Act, 2010, so as to enable the petitioner to file its annual
return for the financial year 2019-2020 beyond the
prescribed date of 30.06.2021 without any penalty.
(b) Pass such other further order or orders as this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the case.
PETITIONER
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
21
IN THE MATTER OF:
Versus
AFFIDAVIT
I Sr. Jacqueline G. Puthotta, Managing Trustee, Destitutes and

Leprosy Patients Rehabilitation Trust, P.B. No. 4, Grant Lyon,
Vishnu Nagar, Red Hills, Chennai- 600052, Tamil Nadu do hereby
solemnly affirm and declare as under:
1. I am the Managing Trustee and authorised representative of

Petitioner in the present case. I am fully conversant with the
facts and circumstances of the present case and am competent
to depose this affidavit.
2. I have read and understood the contents of the accompanying
Writ petition under Article 226 of the Constitution of India,
which has been drafted by the counsel for the Petitioners
under my instructions. The contents of the same have been
read over to me in the language understood by me. I say that
the contents of the accompanying petition are true and
correct. No part of it is false and nothing material has been
concealed therefrom. The contents of the same may kindly be
read as a part and parcel of the present affidavit.
3. That the contents of the "List of Dates and Events" are true
and correct to my knowledge.
22
4. That the factual averments made in Para 1 to Para 14 of the
"Writ Petition" and in the Grounds and Prayers are true and
correct to my knowledge.
5. That the Grounds in the Para (i) to (vi) are based on the legal
advice received and believed to be true.
6. That the annexures annexed with the writ petition are true
copies of their respective original
VERIFICATION
Verified at Delhi on this 20th day of August 2021 and state that
the contents above stated are true and correct to the best of my
knowledge and belief and nothing material has been concealed
there from.
DEPONENT
ANNEXURE P-1 23
ANNEXURE P-2 24
ANNEXURE P-3 25
05-Jul-2021
To
The Deputy Secretary (FCRA & MU),
Ministry of Home Affairs,
FCRA Wing, 1st Floor,
Major Dhyan Chand National Stadium,
Near Pragati Maidan, New Delhi-110001
Sir / Madam,
Sub: Filing of FC4 Annual Return for FY 2019-20 – Penalty levied due to delay
– our own – reg.
We would like bring to your kind attention that we had attempted to file the FC4 Annual
Return for FY 2019-20 on 30-Jun-2021. However, due to some connectivity issues, we were
delayed by a few minutes and to our dismay, found that penalty and compounding fee
amounting to Rs.5,18,891/- needs to be paid before the filing can be completed.
We are attaching a screenshot displaying the penalty amount on the FCRA portal with date
and time visible at the bottom right corner thereof.
We wish to inform that we are a relatively small trust running an Old Age Home (Jeeva Jyothi
Illam) and an Orphanage (New Life Centre). The details of the functioning of these units are
given in the attached certificate from our consultant doctor Dr. John Kurien who has been
helping us for the past several years.
Our Founding Trustee and the force behind our Trust thus far, Father Gerard, passed away
during March 2021 after a long spell of illness which was a great blow to us and it took me
some time to get the records organised post his death. The ongoing Covid-19 pandemic and
resultant lockdowns have severely hampered our activities but we have endeavoured to
26
ensure that our statutory filings (including FCRA) have been done as required within the
stipulated time limits.
The penalty of Rs. 5 lakhs would put us in a financial crunch. In view of the above, we request
you to kindly condone the delay in filing the FC-4 that too by a few minutes. This would help
us to continue with our good work.
Thanking you,
Yours sincerely,
For Destitutes and Leprosy Patients Rehabilitation Trust,
(Trustee)
27
ANNEXURE P-4
Filing of FC4 Annual Return for FY 2019-20 Penalty

levied to delay
dirfcra-mha@gov.in via gov.in Thu, Jul 22, 10.53 AM

(22 hours ago)
to me
Sir/Madam, Reference your letter dated 5.7.2021 on the subject and to inform yoU
that there is no provision under the FCRA, 2010 for condoning the penalty for
delayed submission of mandatory Annual Return. Yours sincerely. US(MU.I)
28
ANNEXURE P-5
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8442/2021
SHREE SWAMINARAYAN MANDIR ..... Petitioner
Through Mr.Manoj Khanna with Mr.Rajat
Bhatia, Advs.
versus
UNION OF INDIA ..... Respondent

Through None.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 16.08.2021
CM APPL. 26156/2021
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 8442/2021 &CM APPL. 26155/2021(interim)
3. The present petition seeks a direction to the respondent to allow the

petitioner to upload its form FC-4 on the respondent’s portal, as
mandated under the Foreign Contributions Regulations Act, 2010, so
as to enable the petitioner to file its annual return for the financial
year 2019-2020 beyond the prescribed date of 30.06.2021.
4. Learned counsel for the petitioner submits that the return could not be
filed due to a technical glitch in respondent’s portal and, therefore,
contends that petitioner ought not to be penalised for the same. He
further submits that same technical problem was faced by a number of
other similarly placed parties. He submits that the petitioner
Signature Not Verified

Signed By:GARIMA MADAN
Location:
Signing Date:17.08.2021
14:59:35
29
apprehends that on account of non-filing of return, the respondent is

likely to take coercive action against it and, therefore, prays that the
respondent be restrained from taking any coercive action against the
petitioner and the petitioner be permitted to file its annual returns. In
support of his submission, he places reliance on an order passed by a
Coordinate Bench of this Court in W.P.(C)6031/2021 on 01.07.2021.
5. Upon the petitioner taking steps, issue notice to the respondent
through all permissible modes returnable on 03.09.2021, along with
W.P.(C)6031/2021. Counter affidavit, if any, be filed within two
weeks. Rejoinder thereto, if any, be filed before the next date.
6. Despite service of advance notice, none appears for the respondent. In
these circumstances, it is directed that till the next date, no coercive
action be taken against the petitioner for non-filing of the return.
REKHA PALLI, J
AUGUST 16, 2021
sr
Signature Not Verified

Signed By:GARIMA MADAN
Location:
Signing Date:17.08.2021
14:59:35
30
CM APPL._________ OF 2021
IN
IN THE MATTER OF:

Versus
APPLICATION FOR INTERIM RELIEF UNDER

SECTION 151 OF CPC WITH AFFIDAVIT
To
The Hon’ble Chief Justice of Delhi

And his companion Justices of
High Court of Delhi, New Delhi
The Humble petition of
Petitioner above named
1. The present writ petition is being filed by the petitioner to
pass a Writ of Mandamus to the respondent to allow the
petitioner to upload its form FC-4 on the respondent’s
portal, as mandated under the Foreign Contributions
Regulations Act, 2010, so as to enable the petitioner to file
its annual return for the financial year 2019-2020 beyond
the prescribed date of 30.06.2021 without any penalty.

31
2. That the facts of the case are not reproduced herein for the
sake of brevity and this Hon’ble Court may read the
relevant portions of main petition as parts of this petition.
3. That the annual return (FC-4 Form) under the Foreign
Contribution Regulation Act, 2010 (FCRA Act) for the
financial year 2019-2020 could not be filed by the
Petitioner within the prescribed time due to a technical
glitch in respondent’s portal and it was delayed by few
minutes. However, when the filing of annual return was
attempted after sometime, to the utter shock of the
Petitioner, it was found that penalty and compounding fee
amounting to Rs.5,18,891/- was directed to be paid before
the filing can be completed.
4. That this action on the part of the Respondent to penalise
the Petitioner for a technical glitch in the Respondent’s
portal which has resulted in the delay of filing of annual
return is clearly arbitrary and violative of fundamental
rights.
5. If the instant petition is not allowed, the Petitioner has to
face dire consequences under the FCRA Act which may
lead to imposition of heavy penalties and even
cancellation of registration under the FCRA Act.

32
6. That considering the facts and circumstances this Hon’ble
Court may be pleased to direct the Respondent to not to
take any coercive action against the petitioner for non-
filing of the return unless the present Writ Petition is
decided.
PRAYER
It is, therefore, respectfully prayed before this Hon’ble Court
that the Petition be allowed and this Hon’ble Court may be
pleased to:
(a) To direct the Respondent to not to take any
coercive action against the petitioner for non-
filing of the return unless the present Writ
Petition is decided.
(b) Any other appropriate order, relief or direction
may also be granted in favour of the petitioner
which this Hon’ble Court may deem fit and
proper in the facts and circumstances of the
present case.
FOR WHICH ACT OF KINDNESS THE HUMBLE

PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.
33
PETITIONER
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
34
IN THE MATTER OF:

Versus
AFFIDAVIT

1. That I am the Managing Trustee/ Authorised Representative

Applicant/Petitioner in the above said Writ Petition (Civil) and I
am well and as such am fully conversant with the facts and
circumstances of the case and hence competent to swear this
affidavit.
2. That the accompanying Application has been drafted by the
counsel as per my instructions. I have read the accompanying
Application and have understood the contents thereof. That the
facts stated and averments made therein are true and correct to
my knowledge.
DEPONENT
35
VERIFICATION
Verified at Delhi on this 20th day of August 2021 and state that the
contents above stated are true and correct to the best of my
there from.
DEPONENT
36
C.M. APPL. NO. ________ OF 2021
IN
WRIT PETITION (CIVIL) NO. ______ OF 2021
IN THE MATTER OF:

Versus
APPLICATION SEEKING EXEMPTION FROM FILING

DULY AFFIRMED AFFIDAVIT AND UNDERTAKING
REGARDING COURT FEE UNDER SECTION 151 OF
CPC
To
Hon'ble the Chief Justice
and His Lordship’s Companion Justices
of The Hon'ble High Court of Delhi
The humble Petition of
the Petitioner above-named
1. This Writ Petition under Article 226 of the Constitution of

India is preferred inter-alia seeking a writ of mandamus to the
Respondents to extend the ex-gratia assistance to the family
members of Indian citizens died abroad due to covid-19, to
direct the Indian missions abroad to collect and maintain
proper data of those Indian citizens died abroad due to covid-
37
19, to include the children who have lost both parents or
surviving parent or legal guardian/adoptive parents due to
covid-19 abroad but who are Indian citizens under the ‘pm-
cares for children scheme’.
2. The petitioner is not narrating the entire facts and
circumstances leading to the filing of the present writ petition
for the sake of brevity, craves leave of this Hon’ble Court to
refer to the writ petition at the time of arguments.
3. It is humbly submitted that under the prevailing
circumstances due to the outbreak of COVID19 pandemic
and the consequent lockdown imposed by the Govt. of NCT
of Delhi, the petitioner is unable to find a notary, so prefers
the present Application seeking an exemption from filing
Affidavit duly affirmed.
4. The Petitioner also undertakes to pay the court fees/deficit
court fees which shall be deposited within 72 hours from the
date of resumption of the regular functioning of this Court
5. That this application is made bonafide.
PRAYER
It is humbly prayed that this Hon’ble Court may pleased to:
(a) Exempt the Petitioner from filing duly affirmed affidavit

and Court fee;
(b) pass such further order(s) as this Hon'ble Court deems fit
and proper in the facts and circumstances of the case.
FOR THIS ACT OF KINDNESS THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY.
APPLICANT
38
Filed Through:
Jose Abraham
Advocate
D/144/A, Ashram,
New Delhi, 110014.
Ph: 9891417346
Place: New Delhi
Date: 30.08.2021
39
IN THE MATTER OF:

Versus
AFFIDAVIT

3. That I am the Managing Trustee/ Authorised Representative of

Applicant/Petitioner in the above said Writ Petition (Civil) and I
am well and as such am fully conversant with the facts and
circumstances of the case and hence competent to swear this
affidavit.
4. That the accompanying Application has been drafted by the
counsel as per my instructions. I have read the accompanying
Application and have understood the contents thereof. That the
facts stated and averments made therein are true and correct to
my knowledge.
DEPONENT
VERIFICATION
40
Verified at Delhi on this 20th day of August 2021 and state that the
contents above stated are true and correct to the best of my
there from.
DEPONENT
41
WRIT PETITION (CIVIL) NO._________ OF 2021
IN THE MATTER OF:-
Versus
KNOW ALL to whom these presents shall come that I, Sr. Jacqueline G. Puthotta, Managing
Trustee, Destitutes and Leprosy Patients Rehabilitation Trust, P.B. No. 4, Grant Lyon, Vishnu Nagar,
Red Hills, Chennai- 600052, Tamil Nadu. The above-named PETITIONER do hereby appoint Mr.
JOSE ABRAHAM & ASSOCIATES, D/144/A, Ashram, New Delhi – 110014, Ent. No.
D/1976/2007 (herein after called the advocate(s) to be my/our Advocate in the above-noted case
authorize him:-
To act, appear and plead in the above-noted case in this court or in any other Court in which the same
may be tried or heard and also in the appellate court including High Court subject to payment of fees
separately for each court by me/us. To sign file, verify and present pleadings, appeals cross-
objections or petitions for executions review, revision, withdrawal, compromise or other petitions or
affidavits or other documents as may be deemed necessary or proper for the prosecution of the said
case in all its stages subjects to payment of fees for each stage. To file and take back documents, to
admit and/or deny the documents of opposite party. To withdraw or compromise the said case or
submit to arbitration and differences or disputes that may arise touching or in any manner relating to
the said case. To take execution proceedings.
The deposit, draw and receive money cheques, cash and grant receipts hereof and to do all other acts
and things which may be necessary to be done for the progress and in the course of the prosecution of
the said case. To appoint and instruct any other Legal Practitioner authorizing him to exercise the
power and authority hereby conferred upon the Advocate whenever he may think fit to do so and to
sign the power of attorney on our behalf. And I/We the undersigned do hereby agree to ratify and
confirm all acts done by the Advocate or his substitute in the matter as my/our own acts, as if done
by me/us to all intents and purpose.
And I/We undertake that I/We or my/our duly authorized agent would appear in court on all hearings
and will inform the Advocate for appearance when the case is called. And I/We undersigned do
hereby agree not to hold the advocate of his substitute responsible for the result of the said case. The
adjournment costs whenever ordered by the court shall be of the Advocate which he shall receive and
retain for himself.
And I/We undersigned do hereby agree that in the event of the whole or part of the fee agreed by
me/us to be paid to the advocate remaining unpaid he shall be entitled to withdraw from the
prosecution of the said case until the same is paid up. The fee settled is only for the above case and
above court. I/We hereby agree that once the fee is paid, I/We will not be entitled for the refund of
the same in any case whatsoever and if the case prolongs for more than 3 years the originals fee shall
be paid again by me/us.
IN WITNESS WHERE OF I/We do hereunto set my/our hand to these present the contents of
which have been understood by me/us on this 20th day of August 2021
Accepted, Identified & satisfied
Jose Abraham
Advocate
D-144-A, Ashram, Delhi- 110014
Mobile: +91 9891417346
Enrl. No. D/1976/2007
M.P. Srivignesh
Advocate
D/144/A, Ashram, New Delhi, 110014.
Ph.No. 9643716457
Enrl. No. Ms.2083/2014.
CLIENT

DALPRT FCRA Writ

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DALPRT FCRA Writ

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

IN THE MATTER OF:

Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner

Union of India ...Respondent

S.NO. PARTICULARS PAGES COURT

IN THE MATTER OF:

Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner

Union of India ...Respondent

the Court on /08/2021 at 10:30 O’clock in the forenoon, or soon

thereafter as may be convenient to the Court.

IN THE MATTER OF:

Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner

Union of India ...Respondent

urgent one in accordance with High Court Rules and Order.

The grounds of urgency are as mentioned in the Writ Petition.

IN THE MATTER OF:

Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner

Union of India ...Respondent

Destitutes and Leprosy Patients Rehabilitation Trust

IN THE MATTER OF:

Destitutes and Leprosy Patients Rehabilitation Trust …Petitioner

Union of India ...Respondent

SYNOPSIS AND LIST OF DATES

This Civil Writ Petition is filed by the Petitioner which is a

Public Charitable Trust formed for upliftment of destitutes and

leprosy patients. The Petitioner herein is filing this Civil Writ

Petition to seek direction from this Hon’ble Court to pass a Writ

of Mandamus or a direction to the respondent to allow the

petitioner to upload its form FC-4 on the respondent’s portal, as

mandated under the Foreign Contributions Regulations Act,

financial year 2019-2020 beyond the prescribed date of

30.06.2021 without any penalty.

It is humbly submitted that the annual return (FC-4 Form) under

the Foreign Contribution Regulation Act, 2010 (FCRA Act) for

the the financial year 2019-2020 could not be filed by the

Petitioner within the prescribed time due to a technical glitch in

when the filing of annual return was attempted after sometime, to

compounding fee amounting to Rs.5,18,891/- was directed to be

paid before the filing can be completed.

The Petitioner Trust is relatively small trust running an Old Age

Home and an Orphanage. The ongoing Covid-19 pandemic and

resultant lockdowns have severely hampered the activities of the

Petitioner’s activities but it has ensured that all the statutory

filings (including FCRA) are bring done as required within the

stipulated time limits. However, the delay of few minutes in

filing FCRA returns, is clearly due to the technical glitch in the

So it is humbly submitted that the Petitioner cannot be penalised

for a technical glitch in the Respondent’s portal which has

resulted in the delay of filing of annual return. It is humbly

submitted that the act of the Respondent to penalise the Petitioner

for no fault of it is clearly arbitrary being violative of its

It is pertinent to note that the same technical problem was faced

by a number of other similarly placed parties as the petitioner.

One such party, similarly placed to the Petitioner has approached

Mandir v. Union of India, which is still pending.

Hence this petition.

08.12.1990 The Balaramapuram Leprosy Patients

Rehabilitation Trust (BALPART) Public

Charitable Trust was formed on 08.12.1990 in

India for upliftment of destitutes and leprosy

24.11.1994 The said Trust was registered under Section 6(1)

of the Foreign Contribution (Regulation) Act,