Chemplast Sanmar Limited vs State Of Kerala
2024 Latest Caselaw 26959 Ker

Kerala High Court

Chemplast Sanmar Limited vs State Of Kerala on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.29960/2024                        1/3                        Order Date : 06-09-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
             Friday, the 6th day of September 2024 / 15th Bhadra, 1946
                              WP(C) NO. 29960 OF 2024
   PETITIONER:

          CHEMPLAST SANMAR LIMITED, HAVING ITS REGISTERED OFFICE AT 9,
          CATHEDRAL ROAD, CHENNAI, REPRESENTED BY ITS GENERAL MANAGER ,
          SECRETARIAL & LEGAL K.G. BHUSHANAM, AGED 61 YEARS, S/O. K.
          GOVINDASWAMY, RESIDING AT 36/68, GANDHI STREET, CHENNAI, PIN-600086

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES,
         GOVT OF KERALA, ROOM NO.389-MAIN BLOCK, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN-695001
      2. THE EXCISE COMMISSIONER, EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
         NANDAVANAM,THIRUVANANTHAPURAM , PIN-695033
      3. THE JOINT COMMISSIONER OF EXCISE ,SOUTH ZONE, THIRUVANANTHAPURAM,
         NANDAVANAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695033
      4. THE DEPUTY EXCISE COMMISSIONER, EXCISE DIVISION COMPLEX, EXCISE
         DIVISION BUILDING, ERNAKULAM, PIN-682018
      5. THE CIRCLE INSPECTOR OF EXCISE, NEAR NORTH RAILWAY STATION, NORTH
         ERNAKULAM, ERNAKULAM, PIN - 682018


        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 direct the respondents to provisionally pay the sum of rs.
   13,75,000/- pending disposal of the writ petition


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. N.ANAND, RAJESH O.N. & ROY ANTONY, Advocates for the petitioner, the
   court passed the following:
 WP(C) No.29960/2024                          2/3                           Order Date : 06-09-2024



                              DINESH KUMAR SINGH, J.
                       ---------------------------------------------
                               W.P (C) No.29960 of 2024
                          ----------------------------------------------
                        Dated this the 06th day of September, 2024


                                         ORDER

Sri.V.S.Sreejith, the learned Government Pleader is

directed to file a statement that why the amount of transit fee

collected from the petitioner for importing 'Industrial Liquor'

has not been refunded to the petitioner, despite the petitioner

succeeding before the learned Single Judge and before the

Appellate Court.

Post this matter on 25.09.2024.

Sd/-DINESH KUMAR SINGH JUDGE lsn WP(C) No.29960/2024 3/3 Order Date : 06-09-2024

APPENDIX OF WP(C) 29960/2024 Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 21.10.2015 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 29716/2004 Exhibit P2 A TRUE COPY OF THE ORDER DATED 30.11.2017 PASSED BY THIS HON'BLE COURT IN RP NO. 1232/2015 Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 04.12.2018 PASSED BY THIS HON'BLE COURT IN W.A. NO. 1559/2018 Exhibit P4 A TRUE COPY OF THE LETTER DATED 14.02.2020 ISSUED BY THE PETITIONER TO RESPONDENT NO.3 ALONG WITH ITS POSTAL RECEIPT Exhibit P5 A TRUE COPY OF THE LEGAL NOTICE DATED 06.12.2022 ISSUED BY THE PETITIONER TO RESPONDENT NO.3 Exhibit P6 A TRUE COPY OF THE LEGAL NOTICE DATED 14.03.2023 ISSUED BY THE PETITIONER TO RESPONDENT NO. 3 ALONG WITH ITS POSTAL RECEIPT Exhibit P7 A TRUE COPY OF THE LEGAL NOTICE DATED 07.11.2023 ISSUED BY THE PETITIONER TO RESPONDENT NO. 3 ALONG WITH ITS POSTAL RECEIPT Exhibit P8 A TRUE COPY OF THE TRACKING RECEIPT EVIDENCING THE

Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 08.04.2024 IN CON.CASE(C) (FILING NO.)NO.889/2024