Association Of Bio Paper Cup Manufacturers v. The Directorate General Of GST Intelligence (Dggi) Hqrs

The learned counsel for the petitioner submitted that, the provisions of the Kerala High Court Rules provides for filing of an affidavit stating that the petitioner has no personal or private interest in the matter and also that the result of the litigation will not give any undue gain to the petitioner or any one associated with him. According to the learned counsel for the petitioner, since the members of the petitioner’s association may benefit out of the litigation, such an affidavit cannot be filed and therefore, this review petition can only be treated as a Public Interest Litigation.

Adv. Navaneeth N.Nath, the learned Central Government

On a perusal of Rule 146A of the Kerala High Court Rules, and on perusing the order passed by me on 15.02.2022, I am satisfied that there is merit in the contention raised by the petitioner. Since Rule 146A of the High Court Rules provide for an affidavit that the result of the litigation will not give any undue gain to anyone associated with the petitioners, the contention that members of petitioner’s association may be beneficiaries of the litigation, cannot be ignored. Since Rule 146A of the High Court Rules had not been considered in the earlier order dated 15.02.2022, I am satisfied that there is error apparent on the face of the record. Accordingly, I allow the review petition and recall the order dated 15.02.2022. BECHU KURIAN THOMAS JUDGE uu