MANOJ KUNJU KUNJU, V. THE UNION OF INDIA

WP(C)/11505/2019

AI Insights

The petitioner, Manoj Kunju Kunju, proprietor of a cashew manufacturing unit, sought the court's intervention to ensure his application for revival and rehabilitation, similar to benefits granted to others in a previous case (Ext.P9 judgment). The court was informed that the committee established under the government orders was still in office and could consider the petitioner's application if submitted with necessary documents by the deadline. The Additional Advocate General confirmed the committee's ongoing operations and the possibility of considering the petitioner's application if it met the required submission criteria.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 722259 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-04-2019
• Assessment Year: misc
• Other Referred Cases: WP(C) No. 13397 of 2017
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: RENJITH THAMPAN; C A JOY; P VIJAYAKUMAR
• Assessee Lawyers: N D PREMACHANDRAN; D AJITHKUMAR
• Keywords: Government orders; Cashew Manufacturing Unit; Revival and Rehabilitation; Committee

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941 WP(C).No. 11505 of 2019 PETITIONER: MANOJ KUNJU KUNJU, AGED 41 YEARS PROPRIETOR, M/S. MOUNT MORIA CASHEW, CHERUVAKKAL P.O, AYOOR, VIA KOLLAM, PIN 691 533. BY ADVS. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI 110 001. 2 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FISHERIES, PORTS, ENVIRONMENT AND INDUSTRIES (COIR AND CASHEW), MAIN BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 3 THE RESERVE BANK OF INDIA, REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NADAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 033 4 THE STATE LEVEL BANKERS COMMITTEE (SLBC), REPRESENTED BY DEPUTY GENERAL MANAGER, SLBC KERALA, SLBC CELL, CANARA BANK, CIRCLE OFFICE, CANARA BANK BUILDING, MG ROAD, THIRUVANANTHAPURAM 695 001 5 CATHOLIC SYRIAN BANK LTD, REPRESENTED BY THE CHIEF MANAGER, KERALA, CATHOLIC SYRIAN BANK LTD, HEAD OFFICE, ST.MARY'S COLLEGE ROAD, THRISSUR-680 020 SRI.RENJITH THAMPAN-ADDL.AG, SRI.C.A.JOY-SC, SRI.P.VIJAYAKUMAR-ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11505 of 2019 2 JUDGMENT The petitioner, who is stated to be the Proprietor of a Cashew Manufacturing Unit, has approached this Court seeking the same benefits as was granted to certain other persons through Ext.P9 judgment. He says that through Ext.P9 judgment, this Court had directed the Government to constitute the Committee, as per the Government Order Nos. (Rt)No.1279/2018/ID dated 14.11.2018 and G.O. (Rt)No.1319/2018/ID dated 29.11.2018, which has been constituted to consider the revival and rehabilitation of the Cashew Manufacturing Units. 2. The petitioner says that he was not aware of Ext.P9 until now and therefore, that he could not approach this Court earlier. He concedes that the time frame shown in the said judgment is now over, but prays that, since the Committee is still in Office, his WP(C).No. 11505 of 2019 3 application may also be directed to be considered. 3. The learned Additional Advocate General, Shri.Ranjith Thamban, assisted by Smt.K.Amminikutty, the learned Senior Government Pleader, affirms that the Committee constituted as per the directions in Ext.P9 judgment is still in Office and that if the petitioner makes his application for revival, under the aforementioned Government Orders, to the Deputy Secretary, Industries Department, which is the Government Nominee of the Committee, along with their latest Balance Sheet, Stock Statement, Income Tax Returns, Know Your Customer (KYC)details and such other relevant documents, on or before 16/04/2019, the same can be considered in terms of the directions in Ext.P9 judgment. In the afore circumstances, I order this writ petition and direct the petitioner to approach the Deputy Secretary, Industries WP(C).No. 11505 of 2019 4 Department, along with his application for revival, supported by the documents afore mentioned by the learned Additional Advocate General; and if such an application is received by the Deputy Secretary, Industries Department, on or before 16/04/2019, the same will be considered in the same lines as the applications of other persons had been directed to be considered in Ext.P9 judgment. Needless to say, until such time the petitioner makes such an application and the Committee takes a final decision, all further action being pursued by the 5th respondent shall stand deferred and I clarify that I have not considered the merits of any of the other contentions of the parties and that it is left open to them to place all their materials and contentions before the Committee. I also permit the Bank to place all their inputs, including adverse reports or materials against the petitioner before the Committee, WP(C).No. 11505 of 2019 5 so that this can also be take note of while a final decision is taken. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN JUDGE MC/10.4.19 WP(C).No. 11505 of 2019 6 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A COPY OF THE MINUTES OF MEETING HELD ON 5- 12-2016 ALONG WITH ENGLISH TRANSLATION EXHIBIT P2 A COPY OF THE MINUTES OF THE MEETING HELD BY THE HON'BLE MINISTER FOR REINVIGORATION OF THE CASHEW INDUSTRIES EXHIBIT P3 A COPY OF THE PROPOSAL DATED 22-1-2018 SUBMITTED BY THE PETITIONER. EXHIBIT P4 A COPY OF THE LETTER ISSUED BY THE BANK DATED 8-2-2018 EXHIBIT P5 A COPY OF REPRESENTATION DTD 16-05-2018 EXHIBIT P6 A COPY OF G.O(RT) NO. 1279/2018-ID DATED 14-11-2018 EXHIBIT P7 A COPY OF G.O(RT) 1319/2018/ID DATED 29-11- 2018 EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 16-3-2019 ISSUED BY THE 5TH RESPONDENT EXHIBIT P9 A COPY OF THE JUDGMENT IN WP(C) NO. 13397 OF 2017 DATED 15-3-2019 EXHIBIT P10 COPY OF THE REPRESENTATION DATED 29-03-2019 TO 5TH RESPONDENT. EXHIBIT P11 COPY OF THE REPRESENTATION DATED 1/4/2019 FORWARDED TO THE 1ST RESPONDENT. RESPONDENT'S/S EXHIBITS: NIL MC (TRUE COPY) PA TO JUDGE "