The Rubber Board vs Block Rubber Processors’ ...
2023 Latest Caselaw 4648 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                      &
               THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
        Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                             WA NO. 772 OF 2023

    AGAINST JUDGMENT DATED 01.03.2023 IN WP(C) 26296/2010 OF THIS COURT

APPELLANT/3RD RESPONDENT IN W.P.:

     THE RUBBER BOARD, P.B. NO. 1122, SUB JAIL ROAD, KOTTAYAM- 686002.
     REP. BY ITS EXECUTIVE DIRECTOR I/C. (FORMERLY CHAIRMAN)

BY ADVS.M/S.   ABRAHAM JOSEPH MARKOS, V.ABRAHAM MARKOS,

ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM,ALEXANDER JOSEPH MARKOS,

SHARAD JOSEPH KODANTHARA, JOHN VITHAYATHIL & AIBEL MATHEW SIBY


1ST RESPONDENT/WRIT PETITIONER/2ND & 3RD RESPONDENTS/1ST & 2ND RESPONDENTS IN
W.P./

4TH RESPONDENT/ADDITIONAL 4TH RESPONDENT (IMPLEADED AS PER ORDER DATED

9.4.2018 IN I.A.NO.6534 OF 2018):


  1. BLOCK RUBBER PROCESSORS' ASSOCIATION OF INDIA, SPECIFIED RUBBER
     PRIVATE LIMITED, 1/B, UNITY ENCLAVE, MUTTAMBALAM P.O.,KOTTAYAM-686
     004 REPRESENTED BY ITS GENERAL SECRETARY.
  2. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF
     COMMERCE AND INDUSTRY, DEPARTMENT OF COMMERCE, UDYOG BHAWAN, NEW
     DELHI - 110107.
  3. THE DIRECTORATE GENERAL OF FOREIGN TRADE ,UDYOG BHAWAN, H-WING, GATE
     NO.2, MAULANA AZAD ROAD, NEW DELHI - 110011.
  4. UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA (UPASI), P.B. NO. 11,
     GLENVIEW, COONOOR, TAMIL NADU- 643101. REPRESENTED BY ITS JOINT
     SECRETARY SHRI. R.SANJITH.

BY SENIOR ADVOCATE SRI.JAJU BABU FOR R1

DEPUTY SOLICITOR GENERAL OF INDIA FOR R2 & R3

ADV.SRI.M.GOPIKRISHNAN NAMBIAR FOR R4


     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, implementation and all further proceedings pursuant
to the Judgment dated 01.03.2023 passed by the Learned Single Judge of
this Honourable Court in W.P.(C) No.26296 of 2010 pending final disposal
of the Writ Appeal.


     This Writ Appeal coming on for admission on 12/04/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
                A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
              ----------------------------------------------
                           Writ Appeal No.772 of 2023
              ----------------------------------------------
                  Dated this the 12th day of April, 2023


                                    O R D E R

A.Muhamed Mustaque, J.

Admit.

2. Adv.Jaju Babu takes notice for the first

respondent. The learned Deputy Solicitor General of

India takes notice for respondents 2 and 3. Adv.

M.Gopikrishnan Nambiar takes notice for the fourth

respondent.

The operative portion of the impugned judgment,

granting permission to import scrap rubber in the

absence of prescription of BIS, as per the provisions

of the Rubber Act, 1947, uninfluenced by the report,

is stayed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

12-04-2023 /True Copy/ Assistant Registrar