Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945 WP(C) NO. 2902 OF 2022 PETITIONER:
KOLUTHARA EXPORTS (P) LTD KELTRON ROAD, AROOR P.O.,ALAPPUZHA- 688534, REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
J.OM PRAKASH C.X.ANTONY BENEDICT EMMANUAL SANJU POORNIMA S.NAIR RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE, UDYOG BHAVAN, NEW DELHI- 110011 2 THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY(MPEDA), MPEDA HOUSE, PANAMPILLY AVENUE, COCHIN- 682036, REPRESENTED BY ITS SECRETARY.
BY ADVS.
K.B.SAJAN C.S.AJITH PRAKASH T.K.DEVARAJAN BABU M.
NIDHIN RAJ VETTIKKADAN HAARIS MOOSA DSGI-- SRI. S. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.2902 of 2022 2 JUDGMENT Dated this the 13th day of April, 2023 This writ petition is filed by the petitioner seeking the following reliefs:
i) Issue a writ of certiorari calling for the records relating to Ext.P22 and P29 and quash the same;
ii) Issue a writ of mandamus or other appropriate order or direction, directing the 2nd respondent to grant time upto 31.03.2023 for payment of the 3rd and final installment as requested in Ext.P28 representation.
iii) Declare that the petitioner is entitled to get reimbursement from the 2nd respondent once the one-time settlement scheme is approved by the first respondent;
2.
The case of the petitioner is that towards equity shares about Rs.15 lakhs is due to the 2nd respondent from the petitioner.
According to the petitioner, the 2nd petitioner has allowed the petitioner to pay the amount in three equal monthly instalments. It is further submitted that, the petitioner is already paid the first two instalments. Anyhow further adjudication of facts not required, since learned counsel for the petitioner submitted that relief numbers 1 to 2 quoted above are already satisfied; the sole relief now sought for by the petitioner is the representation of the petitioner pending before the 1st respondent for the One Time
W.P.(C) No.2902 of 2022 3 Settlement scheme, therefore seeks direction for consideration of the representation.
3.
I have heard learned counsel for the petitioner, Sri.J.Omprakash, learned Deputy Solicitor General of India, Sri.
S.Manu, and learned Standing Counsel for the 2nd respondent, Sri.C.S Ajith Prakash, and perused the pleadings and material on record.
Therefore, the writ petition is disposed of, directing the 1st respondent to consider the claim raised by the petitioner under the One Time Settlement scheme at the earliest possible, at any rate, within two months from the date of receipt of copy of this judgment.
Sd/- SHAJI P. CHALY
JUDGE AP
W.P.(C) No.2902 of 2022 4 APPENDIX OF WP(C) 2902/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LETTER DATED 15.7.2010 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF JUDGMENT DATED 18.1.2011 IN ARB. APPEAL NO.25/2010 OF THIS HON'BLE COURT.
Exhibit P3 TRUE COPY OF REPORT OF THE COMMITTEE TO SUGGEST ONE-TIME SETTLEMENT UNDER THE EQUITY PARTICIPATION SCHEME DATED NIL.
Exhibit P4 TRUE COPY OF LETTER DATED 6.5.2012 OF THE PETITIONER.
Exhibit P5 TRUE COPY OF UNDERTAKING DATED 6.6.2012 OF THE PETITIONER.
Exhibit P6 TRUE COPY OF LETTER DATED 31.1.2017 OF THE JOINT SECRETARY TO THE DEPARTMENT OF COMMERCE.
Exhibit P7 TRUE COPY OF LETTER DATED 1.3.2018 OF THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF OFFICE MEMORANDUM DATED 27.10.2014.
Exhibit P9 TRUE COPY OF LETTER ISSUED BY THE SECTION OFFICER, DEPARTMENT OF COMMERCE DATED 31.10.2014.
Exhibit P10 TRUE COPY OF REPRESENTATION SUBMITTED BEFORE 1ST RESPONDENT DATED 25.5.2019.
Exhibit P11 TRUE COPY OF REPRESENTATION DATED 25.5.2019 SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF SHOW CAUSE NOTICE ISSUED BY THE DEPUTY DIRECTOR OF THE 2ND RESPONDENT DATED 6.10.2021.
Exhibit P13 TRUE COPY OF REPLY BY THE PETITIONER DATED 13.10.2021.
Exhibit P14 TRUE COPY OF APPLICATION OF THE PETITIONER DATED 29.7.2021.
Exhibit P15 TRUE COPY OF LETTER DATED 18.10.2021 SUBMITTED BY THE PETITIONER.
Exhibit P16 TRUE COPY OF LETTER ISSUED BY THE DEPUTY DIRECTOR OF THE 2ND RESPONDENT DATED 9.11.2021.
Exhibit P17 TRUE COPY OF REPRESENTATION DATED 8.11.2021.
W.P.(C) No.2902 of 2022 5 Exhibit P18 TRUE COPY OF COMMUNICATION ISSUED THROUGH E-MAIL DATED 11.12.2021 BY THE 2ND RESPONDENT.
Exhibit P19 TRUE COPY OF COMMUNICATION THROUGH E-MAIL ISSUED ON 29.12.2021 TO THE PETITIONER FROM THE 2ND RESPONDENT.
Exhibit P20 TRUE COPY OF FORM GST REG -17/31 ISSUED TO THE PETITIONER DATED 12.1.2022 BY THE STATE TAX OFFICER.
Exhibit P21 TRUE COPY OF REPRESENTATION DATED 14.1.2022.
Exhibit P22 TRUE COPY OF COMMUNICATION ISSUED TO THE PETITIONER FROM THE 2ND RESPONDENT THROUGH E-MAIL DATED 19.1.2022.
Exhibit P23 TRUE COPY OF LETTER DATED 26.11.2021 ISSUED BY THE ASSISTANT DIRECTOR.
Exhibit P24 TRUE COPY OF ORDER DATED 16.12.2021 IN M.P.NO.165/2021 IN I.C.NO.70/2021 OF THE E.S.I. COURT, ALAPPUZHA.
Exhibit P25 TRUE COPY OF ORDER DATED 16.12.2021 IN M.P.NO.166/2021 IN I.C.NO.70/2021 OF THE E.S.I. COURT, ALAPPUZHA.
Exhibit P26 TRUE COPY OF LETTER DATED 22.7.2021 OF THE ASST. PROVIDENT FUND COMMISSIONER, KOCHI.
Exhibit P27 TRUE COPY OF PETITION FOR STAY DATED 19.1.2022 FILED BEFORE THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL AND CGIT CUM LABOUR COURT, ERNAKULAM.
Exhibit P28 TRUE COPY OF REPRESENTATION DATED 22.1.2022 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 2ND RESPONDENT.
Exhibit P29 TRUE COPY OF COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF THE 2ND RESPONDENT DATED 24.1.2022 THROUGH EMAIL.
Exhibit P30 TRUE COPY OF NOTICE DATED 18.11.2021 ISSUED BY THE DY. DIRECTOR OF THE 2ND RESPONDENT.
Exhibit P31 TRUE COPY OF ORDER DATED 21.12.2021 IN WP(C) NO.29138/2021 OF THIS HON'BLE COURT.
Exhibit P32 TRUE COPY OF DEMAND NOTICE DATED 6.1.2022 ISSUED TO THE PETITIONER FROM K.S.E.B.