Kerala High Court
Gac Shppin (India) Pvt Ltd vs Union Of India on 9 September, 2021
WP(C) No.18500/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 9th day of September 2021 / 18th Bhadra, 1943
WP(C) NO. 18500 OF 2021(J)
PETITIONERS:
1. M/S.GAC SHIPPING (INDIA) PVT LTD. GAC HOUSE, SUBRAMANIAN ROAD,
WILLINGDON ISLAND, KOCHI - 682 003, REPRESENTED BY ITS
DIRECTOR, DR.ROY MATHEWS.
2. DR.ROY MATHEWS, DIRECTOR, M/S.GAC SHIPPING (INDIA) PVT.LTD., GAC
HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI - 682 003.
3. ANIL K.MENON, DIRECTOR, M/S.GAD SHIPPING (INDIA) PVT.LTD., GAC
HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI - 682 003.
4. MIRIAM MATHEWS, DIRECTOR, M/S.GAC SHIPPING (INDIA) PVT.LTD., GAC
HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI - 682 003.
5. BALAGOPAL P.G., GENERL MANAGER (ACCOUNTS), M/S.GAC SHIPPING (INDIA)
PVT.LTD., GAC HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI -
682 003.
6. P.SATHOSH KUMAR, CHIEF FINANCIAL OFFICER, M/S.GAC SHIPPING (INDIA)
PVT.LTD., GAC HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI -
682 003.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAWAN, NEW DELHI - 110
011.
2. DIRECTOR GENERAL OF FOREIGN TRADE (DGFT), UDYOG BHAWAN, H-WING, GATE
NO.02, MALUANA AZAD ROAD, NEW DELHI - 110 011.
3. JOINT DIRECTOR GENERAL OF FOREIGN TRADE, 5TH FLOOR, A-BLOCK,
KENDRIYA BHAWAN, KAKKANAD, COCHIN - 682 037.
4. DIRECTORATE OF REVENUE INTELLIGENCE, COCHIN ZONAL UNIT, VYLOPILLI
ROAD, ST.THOMAS LANE, PALARIVATTOM, KOCHI - 682 025, REPRESENTED BY
ITS SENIOR INTELLIGENCE OFFICER.
5. COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN -
682 009.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P16(f) and any
coercive recovery measures, and/or arrest of the 1st Petitioner's
Directors and/or employees, including the 2nd to 6th Petitioners, and/or
freezing of the 1st Petitioner's bank accounts pending final disposal of
the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.JOSEPH KODIANTHARA (SENIOR ADVOCATE) along with M/S. V.ABRAHAM MARKOS,
ABRAHAM JOSEPH MARKOS, ISAAC THOMAS, ALEXANDER JOSEPH MARKOS, & SHARAD
JOSEPH KODANTHARA, Advocates for the petitioners, ASSISTANT SOLICITOR
WP(C) No.18500/2021 2/5
GENERAL OF INDIA for respondents 1 to 3 and of SRI. S. MANU, SENIOR
CENTRAL GOVERNMENT STANDING COUNSEL for respondents 4 & 5, the court
passed the following:-
P.T.O.
WP(C) No.18500/2021 3/5
BECHU KURIAN THOMAS, J.
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W.P.(C).No.18500 of 2021
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Dated this the 9th day of September, 2021
ORDER
Admit. The Assistant Solicitor General of India takes
notice on behalf of respondents 1 to 3. Adv.S.Manu, Senior Central
Govt. Standing Counsel takes notice on behalf of respondents 4 and
5.
2. It is submitted by the learned Senior Counsel
Adv.Joseph Kodiyanthara, instructed by Adv.Abraham Joseph
Markose that the issues relating to the Circulars produced as Exts.P8
and P9 have already been decided by the Bombay High Court in
W.P.(C) No.1827/2019, the judgment of which is produced as
Ext.P15. A perusal of the aforestated judgment shows that the
Circular No.6/2018 dated 22.05.2018 and Circular No.8/2015-20
dated 21.06.2018 in so far as they sought to add and amend the
provisions of the Foreign Trade Policy, 2015-20 by inserting
additional conditions to curtail the rights/ benefits claimed by the
petitioner therein were held to be ultra virus of the Foreign Trade
Policy. It is submitted by the learned Senior Counsel that even
though petitioners are fully co-operating with the investigation now
proceeded with by the 4th respondent, they are apprehending
WP(C) No.18500/2021 4/5
W.P.(C).No.18500 of 2021
coercive steps to be initiated without any basis but only as a measure
of compulsion. It is also submitted that in view of the judgment of
the High Court of Bombay, the investigation now being conducted
against the petitioners are without any basis.
3. The learned Senior Central Govt. Standing Counsel
Adv.Manu S., on instructions, submits that though no coercive steps
are contemplated for the time being, the investigation now being
conducted by the 4th respondent ought not be interfered with.
4. The aforesaid submission of the learned Senior Central
Govt. Standing Counsel that no coercive steps are contemplated is
hereby recorded. In view of the above, it is directed that in the event
of any coercive steps proposed to be initiated against the petitioners,
further orders shall be obtained from this Court before doing so.
5. The respondents are directed to file their respective
counter affidavits.
Post after six weeks.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
09-09-2021 /True Copy/ Assistant Registrar
WP(C) No.18500/2021 5/5
Exhibit P8 TRUE COPY OF THE CIRCULAR NO.6/2018 DATED 22/05/2018.
Exhibit P9 TRUE COPY OF THE CIRCULAR NO.8/2015-20 DATED
21/06/2018.
Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 09/03/2021 PASSED BY
THE HONOURABLE HIGH COURT OF JUDICATURE AT BAOMBAY IN
W.P.NO.1827/2019.
Exhibit P16F TRUE COPY OF THE SUMMONS DATED 26/08/2021 RECEIVED BY
THE 5TH PETITIONER FROM THE 4TH RESPONDENT.
