Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945 WP(C) NO. 20108 OF 2023 PETITIONER:
M/S.EMIRATES CEMENTS INDIA PVT. LTD VENGARA, MALAPPURAM- 676304 , KERALA, REPRESENTED BY ITS GENERAL MANAGER, THOMAS, S/O MATHEW, RESIDING AT PLOT NO.45, PANORAMA RESIDENCY, KUMARANASAN ROAD, KALOOR-682 017.
BY ADVS.
MATHEW JOHN (K) ABY J AUGUSTINE RESPONDENTS:
1 M/S.THE TRAVANCORE CEMENTS LIMITED, NATTAKOM P.O, KOTTAYAM-686 013,KERALA, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 686013 2* ADDL. R2. THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 *(ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 20-10-2023 IN IA 3/2023) BY ADVS.
LATHA ANAND No Advocate THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20108 OF 2023 2 JUDGMENT The petitioner seeks that respondents be directed to pay them the undisputed eligible amounts, which they had availed as a loan, within a time frame to be fixed by this Court.
2. Smt.Latha Anand – learned Standing Counsel for the 1st respondent – Travancore Cements Ltd., submitted that her client is going through extreme financial crisis and therefore, requires at least a few more months time to pay off the liability to the petitioner. She added that they are not disputing the liability to the petitioner; but that unless they are given sufficient time, payment would be impossible because of their other commitments. She added that her clients will pay Rs.15 lakhs to the petitioner on or before 30.10.2023, followed by Rs.10 lakhs each on 30.11.2023, 30.12.2023 and 30.01.2024, with a further payment of Rs.20 lakhs on or before 20.02.2024 and the balance with interest on or before 30.03.2024. She prayed that this writ petition be ordered on such terms.
3. Sri.Mathew John – learned counsel for the petitioner, however, submitted that his client is now facing unparalleled financial crisis, with a mere Rs.1 lakh or two as balance; and therefore, are unable to even honour the salary commitment of their employees. He submitted that, therefore, if this Court is inclined to grant time to the 1st respondent,
WP(C) NO. 20108 OF 2023 3 then it may be on condition that they pay at least Rs.20 lakhs by the end of this month and the balance not later than two or three months thereafter.
4. I have evaluated the afore submissions and am of the opinion that this Court should now find a solution, by obtaining a median between the afore two suggestions of the rival parties. This, certainly, in my view would be better to both the parties.
In the afore circumstances, I dispose of this writ petition with the following directions:
(a) The 1st respondent will pay Rs.20 lakhs to the petitioner not later than 30.10.2023.
(b) On the afore being done, an amount equal to Rs.10 lakh each will be paid on or before 30.11.2023, 30.12.2023 and 30.01.2024;
followed by further payment of Rs.20 lakh on or before 20.02.2024. The balance, with eligible interest, will be thereupon paid not later than 30.03.2024.
I leave liberty to the petitioner to seek a rehearing of this writ petition if any of the afore directions are not complied with by the 1st respondent.
Sd/-DEVAN RAMACHANDRAN JUDGE MC/27.10
WP(C) NO. 20108 OF 2023 4 APPENDIX OF WP(C) 20108/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF TENDER DATED 01.08.2022 Exhibit P2 A TRUE COPY OF THE AGREEMENT DATED 12-09- 2022 Exhibit P3 TRUE COPY OF THE DETAILS OF THE SUPPLY MADE BY THE PETITIONER FROM 19.09.2022 TO 31.03.2023 Exhibit P4 A TRUE COPY OF EMAIL DATED 02.06.2023 Exhibit P5 INTEREST CALCULATION ON RECEIVABLES AS ON 13.06.2023 Exhibit P6 A TRUE COPY OF EMAIL DATED 02.06.2023 Exhibit P7 A TRUE COPY OF THE SAID REPLY TO EXT. P6 EMAIL DATED 02.06.2023 Exhibit P8 A TRUE COPY OF THE EMAIL FROM THE RESPONDENT DATED 15.06.2023.
Exhibit P9 TRUE COPY OF THE AFORESAID CONTEXT, IT IS RELEVANT TO PLACE ON RECORD THE NOTICE ISSUED BY THE TAHSILDAR (RR), KANNAYANNUR TALUK DATED 23.06.2023.
Exhibit P10 THE DETAILS OF THE SAID IMPORT DOWNLOADED FROM THE PUBLIC DOMAIN Exhibit P11 THE MONTH OF JUNE, THE RESPONDENT COMPANY HAS PURCHASED ANOTHER 513 TONNES OF CLINKER FROM ANOTHER IMPORTER.
Exhibit P12 A TRUE COPY OF THE RELEVANT TO BRING TO THE NOTICE OF THIS HON'BLE COURT THE BANK STATEMENT OF THE PETITIONER COMPANY AS ON 11.07.2023.
Exhibit P13 TRUE COPY OF THE STATEMENT EVIDENCING THE PAYMENT OF INTEREST TO ITS BANKERS CONSEQUENT TO THE DELAY CAUSED BY THE RESPONDENT COMPANY Exhibit P14 THE PETITIONER IS ALSO PRODUCING HEREWITH A TRUE COPY OF THE GST RETURNS FOR THE MONTH OF FEBRUARY TO JUNE THIS YEAR Exhibit P15 TRUE COPY OF THE ORDER G.O(RT) NO.676/2023/ID DATED 03.07.2023