Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 6390 OF 2024 PETITIONERS:
1 ARAFA EXPORTS AND IMPORTS, 8/59, MADAVOOR PANCHAYATH, KOZHIKODE DISTRICT - 673585 REPRESENTED BY ITS PROPRIETOR, IBRAHIM M 2 IBRAHIM. M, AGED 62 YEARS S/O. ANTHRUMAN, MANTHOTTATHIL HOUSE, PARANNOOR P.O., NARIKKUNI, KOZHIKODE DISTRICT, PIN – 673585 BY ADVS.
V.A.VINOD ANIL KUMAR K.P.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIAL DEPARTMENT, (CASHEW) OFFICE OF THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 3 THE KERALA BANK REPRESENTED BY ITS BRANCH MANAGER, NARIKKUNI BRANCH, NARIKKUNI P.O., KOZHIKODE, PIN - 673585 4 THE AUTHORISED OFFICER KERALA STATE CO-OPERATIVE BANK LTD, RECOVERY WING, P B NO. 503, KALLAI ROAD, CHALAPPURAM P.O., KOZHIKODE, PIN – 673002 SRI.SREEJITH V.S., GOVERNMENT PLEADER SRI.P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated this the 4th day of March, 2024 The 2nd petitioner is the Proprietor of the 1st petitioner- Company, which has been conducting cashew trading since 2007. The cashew business of the 2nd petitioner was badly affected during the Covid-19 period.
2.
On 14.03.2022, the Industrial Department, Government of Kerala issued Ext.P5 Government Order for rehabilitation of the cashew related business Firms and Industries. As per Ext.P5, a One Time Settlement Scheme is approved by the Government of Kerala in consultation with the Banker’s Council. The petitioners are also eligible for getting the benefits of Ext.P5. The petitioners submitted representation before the Bank and when the same was not considered, the petitioners approached this Court filing W.P.(C) No.16068/2022. This Court disposed of the writ
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petition directing the 2nd respondent to consider the request of the petitioners and pass orders on the same.
3.
When the Bank went ahead with recovery proceedings without communicating any orders, the petitioners challenged the recovery proceedings initiated under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 filing W.P.(C) No.11116/2023. Thereafter, the petitioners filed a Contempt of Court Case No.938/2023 for non-compliance of the judgment of this Court.
4.
In the Contempt of Court Case, the Bank filed an affidavit stating that the representation was considered and the amount to be paid under One Time Settlement Scheme was communicated to the petitioner. But the petitioners did not receive any such communication. This Court closed the Contempt of Court Case as the petitioners have already filed another writ petition and filed another representation as
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directed by this Court for availing the benefit under Navakeraleeyam Scheme.
5.
The petitioners did not avail the benefit of Navakeraleeyam Scheme as the same was not in conformity with Ext.P5 which was extended to the persons like the petitioners who suffered huge loss in Cashew Industry. Now, the petitioners have filed Ext.P12 representation before the 2nd respondent seeking the benefit of Ext.P5, which is pending consideration.
6.
I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 and 2 and the learned Standing Counsel representing respondents 3 and 4.
7.
The grievance of the petitioners is basically relating to denial of beneficial provisions of Ext.P5 Government Order.
The petitioners have submitted Ext.P12 representation to the Secretary, Department of Industries, Government of Kerala.
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8.
In the facts of the case, I am of the view that the Secretary shall consider Ext.P12 representation submitted by the petitioners within a reasonable time.
The writ petition is therefore disposed of directing the 2nd respondent-Secretary, Department of Industries (Cashew) to consider Ext.P12 representation submitted by the petitioners. A decision in this regard shall be taken within a period of six weeks. In the meanwhile, coercive proceedings against the petitioners shall stand deferred for a period of six weeks on condition that the petitioners remit an amount of 15 lakhs within a period of three weeks from today.
₹ Sd/- N.NAGARESH JUDGE spk
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APPENDIX OF WP(C) 6390/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENSE ISSUED BY THE MADAVOOR GRAMA PANCHAYATH BEARING NO. 91/2021-2022/A-7/1787/21 DATED 01/04/2021 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF PROFESSIONAL REGISTRATION, GOVERNMENT OF KERALA UNDER GST REGISTRATION DATED 28/06/2017 Exhibit P3 THE TRUE COPY OF THE LETTER SHOWING IEC NUMBER DATED 26/03/2007 ISSUED BY THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE Exhibit P4 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 1.1.2022 Exhibit P5 THE TRUE COPY OF THE GOVERNMENT ORDER (ORDINARY) BEARING NO. 224/2022/ID DATED 14/03/2022 Exhibit P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE AND PETITIONER BEFORE THE 2ND AND 3RD RESPONDENT DATED 24/02/2022 Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
16068/2022 DATED 17.5.2022 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 14.3.2023 Exhibit P9 TRUE COPY OF THE ORDER IN WP(C) NO.
11116/2023 DATED 30.3.2023 Exhibit P9(a) TRUE COPY OF THE ORDER ISSUED BY THE BANK DATED 31.3.2023 Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.12.2023
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Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
11116/2023 DATED 14.2.2024 Exhibit P12 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE 1ST RESPONDENT DATED 27.02.2024