Dhanraj G. Kella vs Ncdex E-Markets Ltd
2023 Latest Caselaw 3703 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                         W.P.(C) NO.7666 OF 2021
PETITIONER:

              DHANRAJ G. KELLA,
              AGED 38 YEARS, PROPRIETOR, DHANRAJ AND CO,
              SUGAR SUPPLIERS, #238-242, 2ND FLOOR, MEGA MALL,
              SURENDRA NAGAR, GUJARAT-363001,
              REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
              NARESH KELLA,
              S/O.DHANRAJ KELLA, #238-242, 2ND FLOOR, MEGA MALL,
              SURENDRA NAGAR, GUJARAT-363 001.

              BY ADV. V. PHILIP MATHEWS


RESPONDENTS:

     1        NCDEX E-MARKETS LTD,
              AKRUTI CORPORATE PARK,1ST FLOOR, NEAR G E GARDEN,
              LBS MARG, KANJURMARG(WEST), MUMBAI-40078.

     2        KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,
              MAVELI BHAVAN, P.B.NO.2030, GANDHI NAGAR, KOCHI-682020,
              REPRESENTED BY ITS MANAGING DIRECTOR.

     3        THE ADDITIONAL GENERAL MANAGER (PURCHASE),
              THE KERALA STATE CIVIL SUPPLIES SUPPLIES CORPORATION LTD,
              MAVELI BHAVAN, P.B. NO.2030, GANDHI NAGAR, KOCHI-682 020.

     4        THE MANAGER (PURCHASE),
              THE KERALA STATE CIVIL SUPPLIES SUPPLIES CORPORATION LTD,
              MAVELI BHAVAN, P.B. NO.2030, GANDHI NAGAR, KOCHI-682 020.

              BY ADVS.
              K.S.ROCKEY
              R.LAKSHMI NARAYAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 -2-
W.P.(C) NO.7666 OF 2021


                          JUDGMENT

Dated this the 29th day of March, 2023

According to the petitioner, the petitioner is a leading

sugar supplier in India and has entered into a contract with

the Kerala Civil Supplies Corporation Limited. The petitioner

has supplied 42 metric tones of sugar to the Kerala State Civil

Supplies Corporation Limited in its Depot at Thodupuzha.

Consequently, the petitioner has issued Ext.P4 show-cause

notice dated 31.08.2018 alleging that there is serious

deviation in quality of sugar supplied by the petitioner to

Thodupuzha Depot and the sugar supplied was substandard

stock with Sucrose less than the prescribed limit. Thereupon,

the 1st respondent - Manufacturer was directed to deduct an

amount of Rs.11,69,434.08 towards penalty. Thereupon, the

petitioner who is the proprietor of M/s. Dhanraj and Co. has

submitted Ext.P8 representation before the Additional General

Manager (Purchase), Kerala State Civil Supplies Corporation

Limited - the 3rd respondent which is pending consideration.

W.P.(C) NO.7666 OF 2021

2. Today, when the matter was taken up, the learned

Standing Counsel for Kerala State Civil Supplies Corporation

Limited submitted that Ext.P8 would be considered by the

Managing Director of the Corporation within a time frame to

be fixed by this Court.

After having heard the learned Counsel for the petitioner

Sri. V. Philip Mathew and the learned Standing Counsel for the

Kerala State Civil Supplies Corporation Sri. Lakshmi Narayan,

the writ petition is disposed of directing the Managing Director

of the Kerala State Civil Supplies Corporation Limited - the 2 nd

respondent to finalise Ext.P8 representation within six weeks

from the date of receipt of a copy of this judgment, if required

after securing participation of the petitioner.

Sd/-

SHAJI P. CHALY JUDGE bpr

W.P.(C) NO.7666 OF 2021

APPENDIX OF WP(C) 7666/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF PURCHASE ORDER NO.1106402062018180657 (SUPPLYCO PO.NO.22267)DATED 05.06.2018 ISSUED BY THE SECOND RESPONDENT TO DHANRJ AND CO

EXHIBIT P2 COPY OF INVOICE NO.761 DATED 11.06.2018 ISSUED BY DHANRAJ AND CO TO THE SECOND RESPONDENT

EXHIBIT P3 COPY OF INVOICE NO.762 DATED 11.06.2018 ISSUED BY DHANRAJ AND CO TO THE SECOND RESPONDENT

EXHIBIT P4 COPY OF SHOW CAUSE NOTICE NO.P20/12417/14 DATED 31.08.2018 FROM THE 4TH RESPONDENT

EXHIBIT P5 COPY OF TEST REPORT DATED NO.P20/12417/14 DATED 31.08.2018 FROM THE 4TH RESPONDENT

EXHIBIT P6 COPY OF REPLY SUBMITTED BY THE AUTHORIZED SIGNATORY OF DHANRAJ AND CO

EXHIBIT P7 COPY OF COMMUNICATION ISSUED TO THE FIRST RESPONDENT

EXHIBIT P8 COPY OF REPRESENTATION DATED 10.02.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT