Kerala High Court
Export Inspection Council Of ... vs M.U. Sameer on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
WA NO. 1384 OF 2021
AGAINST JUDGMENT DATED 15/7/2019 IN WP(C) 19382/2015 OF THIS COURT.
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APPELLANTS/RESPONDENTS:
1.EXPORT INSPECTION COUNCIL OF INDIA,
REP. BY ITS DIRECTOR (INSPECTION AND QUALITY CONTROL),
3RD FLOOR, NDYMCA, CULTURAL CENTRE BUILDING, 1,
JAL SINGH ROAD, NEW DELHI-110001.
AND ANOTHER
BY STANDING COUNSEL SRI.DINESH R.SHENOY
RESPONDENT/PETITIONER:
M.U. SAMEER,S/O.LATE A. J.UMMERKUTTY, MEKKADAYIL HOUSE,
VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT-688536.
BY ADV.SRI.M.A.SHAFIK
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 15/7/2019 in
W.P.(C)No.19382/2015 of the learned Single Judge, till the disposal of the
above Writ Appeal.
This Writ Appeal again coming on for orders on 25/11/2021 upon
perusing the appeal memorandum and this Court's order dated 22.11.2021,
the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
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W.A. No.1384 of 2021
[arising out of the impugned judgment dated 15.07.2019 in W.P.(C) No.19382/2015]
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Dated this the 25th day of November, 2021
ORDER
Sri.Dinesh M. Shenoy, learned Standing Counsel for the Export
Inspection Counsel of India, appearing for the appellants submits that
some more time is required for the appellants to file their affidavit in as
much as the factual version has to be prepared by the local Kochi office
of the 2nd appellant may have to be meted by the head office at New
Delhi, etc. and 3 weeks' time is sought for.
2. The plea for adjournment by 3 weeks is opposed by Sri.M.A.
Shafik, appearing for the respondent herein/the original applicant, who
says that this Court may not grant more than 10 days' time.
3. In view of the request made by Sri.Dinesh M. Shenoy, learned
Standing Counsel for the Export Inspection Counsel of India, appearing
for the appellants that the factual version to be furnished by the local
office will have to be meted and approved by the Head Quarters at New
Delhi, we feel that time by 3 weeks could be granted as last chance.
Accordingly, the appellants may file their affidavit, to comprehensively
cover the various aspects mentioned in this Court's order dated
08.11.2021, within 3 weeks.
4. The respondent herein/writ petitioner may file reply
thereto within one week thereafter.
5. Before filing such affidavit, the appellants will ensure
that the draft affidavit is also duly meted and finalised by
Sri.Dinesh R. Shenoy, learned Standing Counsel for the Export
Inspection Counsel of India, appearing for the appellants, in order
to ensure that the pleadings therein would reflect not only the
correct factual aspects but also all the relevant aspects mentioned
in this Court's order dated 08.11.2021.
List on 05.01.2022.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
VIJU ABRAHAM,
JUDGE
Skk//25112021
25-11-2021 /True Copy/ Assistant Registrar
