Kerala High Court
Marksmen Aquatic Products Llp 503 vs Union Of India on 7 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
W.P.(C). Nos.18633 & 18634 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 18633 OF 2022
PETITIONER:
NPM ASSOCIATES
14/72,
FIROZ MANZIL,
KECHERY P.O.,
TRISSUR DT.
KERALA PIN: 680 501,
REPRESENTED BY FIROZ A.A.,
MANAGING PARTNER.
BY ADVS.
SRI C.K.KARUNAKARAN
REMIL REGI GEORGE
SRI ARAVIND BABU
RESPONDENTS:
1 UNION OF INDIA
REP BY SECRETARY
MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN
MAULANA AZAD ROAD,
NEW DELHI 110 001.
2 MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY
PANAMPILLI AVENUE,
COCHIN 682 036
REP BY ITS SECRETARY.
3 DIRECTOR GENERAL OF FOREIGN TRADE
UDYOG BHAVAN,
W.P.(C). Nos.18633 & 18634 of 2022
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MAULANA AZAD ROAD,
NEW DELHI 110 001.
BY ADV. SRI T.C.KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.04.2024, ALONG WITH WP(C).18634/2022, THE COURT ON
07.01.2025 DELIVERED THE FOLLOWING:
W.P.(C). Nos.18633 & 18634 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 18634 OF 2022
PETITIONER:
MARKSMEN AQUATIC PRODUCTS LLP 503
BAITHUL AMAAN,
KANIYAMANGALAM P.O,
TRISSUR DT. KERALA 682 027,
REP. BY ITS DESIGNATED PARTNER
MUHAMMED ROSHAN KABEER.
BY ADVS.
C.K.KARUNAKARAN
REMIL REGI GEORGE
ARAVIND BABU
RESPONDENTS:
1 UNION OF INDIA,
REP. BY SECRETARY,
MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN,
MAULANA AZAD ROAD,
NEW DELHI 110 001.
2 MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY,
PANAMPILLI AVENUE,
COCHIN 682 036,
REP. BY ITS CHAIRMAN.
3 DIRECTOR GENERAL OF FOREIGN TRADE,
UDYOG BHAVAN,
W.P.(C). Nos.18633 & 18634 of 2022
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MAULANA AZAD ROAD,
NEW DELHI 110 001.
BY ADV. SRI T.C.KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.04.2024, ALONG WITH WP(C).18633/2022, THE COURT ON
07.01.2025 DELIVERED THE FOLLOWING:
W.P.(C). Nos.18633 & 18634 of 2022
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T.R. RAVI, J.
--------------------------------------------
W.P.(C). Nos.18633 & 18634 of 2022
--------------------------------------------
Dated this the 7th day of January, 2025
JUDGMENT
The petitioners in both these writ petitions are aggrieved by
the moratorium issued by the 2 nd respondent, Marine Products
Export Development Authority (MPEDA), for registration of new Fish
Meal and Fish Oil units with effect from 01.01.2020. The
moratorium also applies to the endorsement of enhancement of
production capacity for existing Fish Meal and Fish Oil units
registered with MPEDA with effect from 01.01.2020. The impugned
order authorises the Chairman, MPEDA, with powers to lift the
moratorium as and when required, in the interest of export trade,
subject to the recommendation of the committee constituted by the
Chairman for the purpose. The reason stated in the impugned
order is that unabated juvenile fishing, especially for Fish Meal and
Fish Oil production has become a major concern, resulting in
stagnating catches of commercially important species and risk the
depletion of the food fish resources from the marine capture sector
causing danger to the livelihood of traditional/artisanal fishermen
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and the availability of human protein source from sea catch.
2. The moratorium was ordered on 30.09.2019 to be
effective from 01.01.2020. On 12.12.2019, the MPEDA issued a
circular stating that the moratorium is being implemented with
effect from 01.01.2020. The circular also says that in view of the
investment that entrepreneurs have already made for the
construction of the Plants, it has been decided to allow those
applicants who have already applied to MPEDA for registration
before 01.01.2020, to complete the formalities of registration such
as APE and issue certificate of Fish Meal and Fish Oil unit, etc. up to
31.01.2020. The petitioners are persons who had started the
process prior to the issuance of the moratorium but had not yet
completed the formalities within the above-prescribed time limit.
3. The contention of the petitioners is that the control of
such activities is vested exclusively with the Union of India, who is
the 1st respondent, and there is no power available to the 2 nd
respondent to issue a moratorium. It is contended that the
application for Registration-Cum-Membership Certificate (RCMC) is
a requirement under the Foreign Trade Policy, and the procedure for
such registration is laid down in paragraph 2.94 of the handbook of
procedures. Neither the Foreign Trade Policy nor the Handbook of
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Procedures recognise any right in the 2 nd respondent to refuse to
entertain an application for registration. Paragraphs 2.93, 2.94 &
2.95 reads thus:
"2.93 Registration-cum-Membership Certificate
(RCMC)
(a) An exporter may, on application given in ANF 2C register
and become a member of EPC. On being admitted to
membership, applicant shall be granted forthwith
Registration-cum-Membership Certificate (RCMC) of EPC
concerned, in format given in Appendix 2R. In case an
exporter desires to get registration as a manufacturer
exporter, he shall furnish evidence to that effect.
(b) Prospective/potential exporters may also, on application,
register and become an associate member of an EPC.
2.94 Applying for RCMC.
(a) While applying for RCMC, an exporter has to declare his
main line of business in the application. The exporter is
required to obtain RCMC from the Council which is concerned
with the product of his main line of business.
(b) In case an export product is not covered by any Export
Promotion Council/Commodity Board, etc., RCMC in respect
thereof is to be obtained from FIEO. Further, in case of multi
product exporters, not registered with any EPC, where main
line of business is yet to be settled, the exporter has an
option to obtain RCMC from Federation of Indian Exporters
Organization (FIEO).
(c) In respect of multi product exporters having their head
office/registered office in the North Eastern States, RCMC
may be obtained from Shellac & Forest Products Export
W.P.(C). Nos.18633 & 18634 of 2022
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Promotion Council (except for the products looked after by
APEDA, Spices Board and Tea Board).
(d) In respect of exporters of handicrafts and handloom
products from the State of Jammu & Kashmir, Director,
Handicrafts, Government of Jammu & Kashmir is authorised
to issue Registration Cum Membership Certificate (RCMC).
2.95 Validity Period of RCMC.
RCMC shall be deemed to be valid from 1 st April of licensing
year in which it was issued and shall be valid for five years
ending 31st March of the licensing year, unless otherwise
specified. "
4. The counsel for the petitioners submits that they had
already applied for an EPCG licence for the import of machinery for
the manufacture of Fish Meal, which carries an obligation to export
6 times the value of duties saved within 6 years. EPCG is a part of
the EXIM policy over which the 2nd respondent has no authority.
Petitioners contend that the authority to allow or prohibit export or
import is vested exclusively in the Central Government under
Sections 3 & 5 of the Foreign Trade (Development and Regulation)
Act, 1992 (hereinafter referred to as the 1992 Act), and the Central
Government has not issued any notification restricting/prohibiting
the export of Fish Meal. It is further submitted that even the
MPEDA Act, 1972 (hereinafter referred to as the 1972 Act), which
created the 2nd respondent, recognises power only in the Central
Government to prohibit or control the import/export of marine
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products. Reference was made to Sections 9, 11, 20, and 30 of the
1972 Act.
5. As per Section 21 of the 1972 Act, it is the duty of
MPEDA to carry out such directions as may be issued to it from
time to time by the Central Government. It is hence contended
that the office order and the circular issued by the 2 nd respondent,
in effect, restrict/prohibit/control the exports of Fish Meal, for which
they have no jurisdiction. The counsel relies on the judgments of
the Hon'ble Supreme Court in Atul Commodities (P) Ltd. V.
Commissioner of Customs, Cochin (2009 (5) SCC 46) and
Commissioner of Central Excise, Bolpur V. Ratan Melting &
Wire Industries (MANU/SC/8792) and a judgment of a Division
Bench of this Court in Marine Fins V. Union of India & Ors.
(2018 (3) KLT 71).
6. A counter affidavit has been filed by the 2nd respondent.
The stand taken by the 2nd respondent is that the 2 nd respondent
has been given the mandate to promote the marine product
industry with special reference to exports from the country and is
expected to take all actions to develop and augment the resources
required for promoting the exports of all varieties of fishery
products known commercially as shrimp, prawn, lobster, crab, fish,
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shell-fish, other aquatic animals or plants or part thereof and any
other products which the authority may by notification in the
Gazette of India declared to be marine products for the purpose of
the Act. It is contended that the Act empowers the 2 nd respondent
to regulate exports of marine products and take all measures
required for ensuring sustained, quality seafood exports from the
country. It is contended that only an e-mail request had been
received, which cannot be considered as an application for
registration. It is also submitted that the RCMC and MPEDA
registration are completely different procedures, and RCMC is
issued for duty-free import of machinery, and MPEDA registration is
applicable for processing units and exporters intending for exports.
It is further submitted that an application for registration of a
processing plant must be made under Rule 34 of MPEDA Rules,
1972, to the Secretary or other officer authorized by him in the
online module, and such an application has not been received. It is
stated that the purpose of the issuance of the moratorium was to
curtail the mushrooming of more units and to prevent additional
pressure on the fishery resources.
7. The petitioners have filed a reply to the counter
affidavit. It is stated that the power to regulate imports and
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exports is with the 1st respondent, and the same is exercised
through the office of the 3rd respondent in the exercise of powers
vested under the 1992 Act, and the said powers cannot be
assumed by the 2 nd respondent. An additional reply affidavit has
also been filed. It is stated in the additional reply affidavit that on
the last date prior to the implementation of the moratorium on
31.01.2020, four Plants were registered. It is stated that none of
them had a Fishmeal/Fish Oil Plant on 31.01.2020 and that even on
the date of the reply affidavit, many of them did not have one. It is
also stated that some applicants had requested cancellation of their
registration on coming to know of the writ petition and fearing
scrutiny. Ext.P14, produced along with the additional reply affidavit,
is a notification issued by the Central Government prohibiting the
export of shark fins of all species of shark. The above document is
produced to show that such power is available to the Central
Government and not to the 2nd respondent.
8. Sections 9, 11, 20, and 30 of the 1972 Act are extracted
for easy reference.
"9. Functions of the Authority.--(1) It shall be the
duty of the Authority to promote, by such measures as it
thinks fit, the development under the control of the
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Central Government of the marine products industry with
special reference to exports.
(2) Without prejudice to the generality of the provisions of
sub-section (1), the measures referred to therein may
provide for--
(a) developing and regulating off-shore and deep-
sea fishing and undertaking measures for the
conservation and management of off-shore and
deep-sea fisheries;
(b) registering fishing vessels, processing plants or
storage premises for marine products and
conveyances used for the transport of marine
products;
(c) fixing of standards and specifications for marine
products for purposes of export;
(d) rendering of financial or other assistance to
owners of fishing vessels engaged in off-shore
and deep-sea and owners of processing plants or
storage premises for marine products and
conveyances used for the transport of marine
products, and acting as an agency for such relief
and subsidy schemes as may be entrusted to the
Authority;
(e) carrying out inspection of marine products in
any fishing vessel, processing plant, storage
premises, conveyance or other place where such
products are kept or handled, for the purpose of
ensuring the quality of such products;
(f) regulating the export of marine products;
(g) improving the marketing of marine products
outside India;
(h) registering of exporters of marine products on
payment of such fees as may be prescribed;
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(i) collecting statistics from persons engaged in the
catching of fish or other marine products, owners
of processing plants or storage premises for
marine products or conveyances used for the
transport of marine products, exporters of such
products and such other persons as may be
prescribed on any matter relating to the marine
products industry and the publishing of statistics
so collected, or portions thereof of extracts
therefrom;
(j) training in various aspects of the marine
products industry; and
(k) such other matters as may be prescribed.
(3) The Authority shall perform its functions under this
section in accordance with and subject to such rules as
may be made by the Central Government.
11. Registration of fishing vessel, processing plant,
etc.--(1) Every owner of a fishing vessel, processing plant
or storage premises for marine products or conveyance
used for the transport of marine products shall, before the
expiration of one month from the date on which he first
became owner of such fishing vessel, processing plant,
storage premises or conveyance, or before the expiration
of three months from the date of coming into force of this
section, whichever is later, apply to the Authority for
registration under this Act of every such fishing vessel,
processing plant, storage premises or conveyance owned
by him:
Provided that the Authority may, for sufficient reason,
extend the time-limit for registration by such period as it
thinks fit.
(2) Registration once made shall continue to be in force
until it is cancelled by the Authority
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20. Power to prohibit or control imports and exports
of marine products.--(1) The Central Government may,
by order published in the Official Gazette, make provision
for prohibiting, restricting or otherwise controlling the
import or export of marine products, either generally or in
specified classes of cases.
(2) All marine products to which any order under sub-
section (1) applies, shall be deemed to be goods of which
the import or export has been prohibited under Section 11
of the Customs Act, 1962 (52 of 1962), and all provisions
of that Act shall have effect accordingly.
(3) If any person contravenes any order made under
sub-section (1), he shall, without prejudice to any
confiscation or penalty to which he may be liable under
the provisions of the Customs Act, 1962, as applies by
sub-section (2),[be liable to penalty not less than ten
thousand rupees or not exceeding twice the value of
goods, whichever is higher, in respect of which such order
has been made].
30. Power to delegate.--The Central Government may,
by order notified in the Official Gazette, direct that any
power exercisable by it under this Act (not being the
power to make rules under Section 33) may also be
exercised, in such cases and subject to such conditions, if
any, as may be specified in the order, by such officer or
authority as may be specified therein."
9. The first question that is to be considered is whether the
2nd respondent has any authority to issue the Ext.P13 office order
and Ext.P14 circular, whereby a moratorium is imposed on the
registration of new fish meal and fish oil units. The 2nd respondent
is a creature of the 1972 Act. The functions of the 2nd respondent
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are statutorily prescribed in Section 9 of the 1972 Act. A reading of
Section 9 would show that the authority is to take measures for
developing and regulating offshore and deep-sea fishing and
undertaking measures for the conservation and management of the
offshore and deep-sea fisheries. Another function is to register
processing plants for marine products, which would include the
registration of fish meal and fish oil units. The authority may fix
standards and specifications for the product, inspect the processing
plants or storage premises, regulate the export of marine products,
register exporters of marine products, etc. The functions do not in
any manner speak about the power to refuse to register or to
refuse to accept applications for registration. Regulation cannot
mean a total prohibition. Section 11 of the 1972 Act provides for
the registration of a processing plant. A reading of the provision
would show that registration is a requirement for running a
processing plant. When there is a statutory requirement to
register, one fails to see how a circular can be issued prohibiting the
registration itself. Section 20 of the 1972 Act specifically says that
the power to prohibit or control imports and exports of marine
products is vested with the Central Government. The Act, which
created the 2nd respondent itself, thus speaks of only a power
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available in the Central Government for the issuance of such
prohibitions. Section 30 of the 1972 Act says that the Central
Government may delegate any of the powers that are exercisable
by it under the Act. However, nothing is produced before this Court
to show that the power to prohibit the export of a marine product
has been delegated to the 2nd respondent. Rule 34 of the MPEDA
Rules deals with the grant of a registration certificate. The Rule
specifies the procedure that is to be followed on receipt of an
application for registration preferred under Rule 33 of the Rules. A
reading of Rules 33 and 34 also does not in any manner suggest
the availability of a power to refuse applications for registration on
the grounds of a moratorium.
10. Contrasted with the provisions of the 1992 Act, powers
to make provisions relating to imports and exports are vested in
the Central Government. Section 3 of the 1992 Act says that the
Central Government may, by order published in the official Gazette,
make provision for the development and regulation of foreign trade
by facilitating imports and increasing exports. Section 3(2) says
that provision can also be made for prohibiting, restricting, or
otherwise regulating the import and export of goods or services or
technology. Section 5 of the 1992 Act says that the Central
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Government may, from time to time, formulate and announce by
notification in the official Gazette the foreign trade policy and may
also, in a similar manner, amend the policy. The counsel for the
petitioners submits that there is no Gazette notification issued by
the 1st respondent restricting/prohibiting the export of fish
meal/fish oil. This contention is not disputed by the respondents.
It is also an admitted fact that a registration-cum-membership
certificate is a requirement under the foreign trade policy. As
already stated, paragraphs 2.93 to 2.95 of the handbook of
procedures deal with the manner in which the registration is to be
applied for and granted. Admittedly, the petitioners have been
granted an EPCG license for the import of machinery for the
manufacture of fish meal, which again is a part of the EXIM policy
regarding which the 2nd respondent has no say. It is in the light of
the above provisions, that the validity of Ext.P13 and P14 must be
considered.
11. It is an admitted fact that there are registered units
involved in the manufacture of fish meal/fish oil. What is sought to
be prohibited is the registration of fresh units. Admittedly, the
export of such products is not prohibited. The effect of Exts.P13
and P14 is, hence, to stop new players from entering the market
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and to allow the existing manufacturers to monopolize the activity.
When the 2nd respondent has no power to impose a ban on the
exports of products like fish meal and fish oil, they cannot do the
same indirectly by refusing registration to new units and, in effect,
stopping competition in the field. Exts.P13 and P14 do not specify
the source of the power for issuing such a moratorium. Even if it is
to be conceded that they have power, such power cannot be
extended over several years even without any re-look into the
situation that had prompted the issuance of such a moratorium. It
is settled law that legislation, as well as subordinate legislation, can
be challenged on the ground of manifest arbitrariness, which
includes within its fold, unfairness in action. A circular that has
been issued without any reference to any statutory provision
cannot be treated as even delegated legislation. It can, at best, be
an administrative order.
12. I find that a moratorium issued without any time frame
is arbitrary, particularly when the trade is not prohibited. The
second respondent has no power to curtail competition in the
manufacture and export of fish meal/fish oil. Such a prohibition is
violative of the fundamental rights guaranteed under Articles 14
and 19(1)(g) of the Constitution of India.
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13. The counsel for the petitioners relied on the decision of
the Hon'ble Supreme Court in Atul Commodities (supra) to
submit that the power to prohibit or control export is vested in the
Central Government alone. The case before the Supreme Court
was one where a notification had been issued by the Director
General of Foreign Trade (DGFT) whereby a photocopying machine,
which was under the category of general imports, was included as a
restricted item. The import in that case was in January 2005 and
the circular relied on was dated 23.02.2005. As a matter of fact,
the Central Government had amended the policy on 19.10.2005 by
notification issued under Section 5 of the 1992 Act. The court held
that the power being available only to the Central Government to
decide whether an item should be treated as a general item or a
restricted item, the circular issued by the DGFT cannot have any
force. It is submitted by the counsel that in the case on hand also,
the power to restrict is available only to the Central Government,
and the 2nd respondent has no authority to issue a moratorium.
The counsel relied on the judgment of a Division Bench of this
Court in Marine Fins (supra), which also related to an exercise of
power by the Central Government under Section 5 of the 1992 Act
to ban the export of shark fins. It is submitted that such powers
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are being exercised by the Central Government alone and are not
available to the 2nd respondent. I find justification in the contention
raised by the counsel for the petitioners.
14. In the result, the writ petitions are allowed. The circular
bringing into effect a moratorium on registration of new fish meal
and fish oil units dated 12.12.2019 produced as Ext.P14 in WP(C)
No.18633/2022 and the office order in this regard issued on
30.09.2019 produced as Ext.P13 in WP(C) No.18633/2022 are
quashed. The 2nd respondent is directed to reconsider the
applications submitted by the petitioners afresh and issue
necessary orders within one month from the date of receipt of a
certified copy of this judgment. The directions issued will not in
any manner affect the right of the 1 st respondent under Section 5
of the 1992 Act.
Sd/-
T.R. RAVI
JUDGE
Pn
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APPENDIX OF WP(C) 18633/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF MARINE PRODUCTS EXPORT
DEVELOPMENT AUTHORITY ACT, 1972 DATED
20.04.1972.
Exhibit P2 TRUE COPY OF MARINE PRODUCTS EXPORT
DEVELOPMENT AUTHORITY RULES, 1972 DATED
12.07.1972.
Exhibit P3 TRUE COPY OF UDYOG AADHAR MEMORANDUM OF
PETITIONER DATED 26.08.2019.
Exhibit P4 TRUE COPY OF CERTIFICATE OF IMPORT EXPORT
CODE OF PETITIONER DATED 15.10.2019.
Exhibit P5 TRUE COPY OF CONSENT TO ESTABLISH ISSUED
BY PCB. DATED 14.11.2019.
Exhibit P6 TRUE COPY OF PETITIONER'S GST
REGISTRATION CERTIFICATE DATED
12.12.2019.
Exhibit P7 TRUE COPY OF EPCG LICENSE/AUTHORISATION
ISSUED TO PETITIONER DATED 09.01.2020.
Exhibit P8 TRUE COPY OF INSTALLATION CERTIFICATE OF
IMPORTED MACHINERY DATED 19.08.2021.
Exhibit P9 TRUE COPY OF PETITIONER'S APPLICATION FOR
REGISTRATION DATED 09.12.2019.
Exhibit P10 TRUE COPY OF 2ND RESPONDENT'S EMAIL DATED
17.12.2019 AND THE TRAILING MAIL,
INCLUDING THE LETTER DATED 18.12.2019 OF
THE PETITIONER DATED 18.12.2019.
Exhibit P11 TRUE COPY OF 2ND RESPONDENT'S LETTER
REFUSING REGISTRATION DATED 01.04.2021.
Exhibit P12 TRUE COPY OF PETITIONERS REPRESENTATION
BEFORE 2ND RESPONDENT DATED 18.03.2022.
Exhibit P13 TRUE COPY OF 2ND RESPONDENT'S OFFICE
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ORDER NO. 69 DATED 30.09.2019.
Exhibit P14 TRUE COPY OF 2ND RESPONDENT'S CIRCULAR
DATED 12.12.2019.
Exhibit P15 TRUE COPY OF A NOTIFICATION NO.31/2015-
2020 DATED 08.09.2022 ISSUED BY THE 1ST
RESPONDENT
Exhibit P16 AGRICULTURAL AND PROCESSED FOOD PRODUCTS
EXPORT DEVELOPMENT AUTHORITY ACT, 1985
Exhibit P17 TRUE COPY OF THE NOTIFICATION NO.110 (RE-
2013)/2009-2014 DATED 06.02.2015
Exhibit P18 TRUE COPY OF GO(P) DATED 24.07.2015
Exhibit P19 TRUE COPY OF G.O(P) DATED 16.05.2022
Exhibit P 20 TRUE COPY OF AN ARTICLE ON SURIMI AND
OTHER MINCE BASED FISHERY PRODUCTS BY DR.
K ELAVARASN
Exhibit P21 TRUE COPY OF CENTRAL MARINE FISHERIES
RESEARCH INSTITUTE, GOVERNMENT OF INDIA
(CMFRI) ANNUAL REPORT OF 2020 (EXECUTIVE
SUMMARY)
Exhibit P22 TRUE COPY OF CENTRAL MARINE FISHERIES
RESEARCH INSTITUTE, GOVERNMENT OF INDIA
(CMFRI) ANNUAL REPORT OF 2021 (EXECUTIVE
SUMMARY)
Exhibit P23 TRUE COPY OF THE RELEVANT PAGES OF
(CMFRI) ANNUAL REPORT OF 2022 (EXECUTIVE
SUMMARY)
Exhibit P 24 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2020, TITLED FISHERY RESOURCE MONITORING
Exhibit P25 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2021, TITLED FISHERY RESOURCE MONITORING
Exhibit P26 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2022, TITLED FISHERY RESOURCE MONITORING
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Exhibit P27 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2022 WHICH RECORD LANDINGS IN 2022
Exhibit P28 TRUE COPY OF THE INVESTIGATION RESULTS BY
CMFRI
Exhibit P29 TRUE COPY OF THE LIST OF MANUFACTURING
FACILITIES REGISTERED WITH THE MANGALORE
REGIONAL OFFICE OF THE 2ND RESPONDENT
Exhibit P30 TRUE COPY OF THE APPLICATION FOR
REGISTRATION OF PROCESSING PLANT ALONG
WITH TAX INVOICE
Exhibit P31 TRUE COPY OF APPLICATION FOR REGISTRATION
OF STORAGE PREMISES ALONG WITH TAX
INVOICE
RESPONDENT'S EXHIBITS
EXHIBIT R1(A) TRUE COPY OF REPLY GIVEN TO THE
PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT R1(B) TRUE COPY OF THE REJECTION ORDER ISSUED
BY MPEDA DT.12.12.2019
Exhibit R2(a) A TRUE COPY OF THE RESEARCH PAPER OF THE
CENTRAL INSTITUTE OF BRACKISHWATER
AQUACULTURE
Exhibit R2(b) TRUE COPY OF THE ANNUAL REPORT OF THE
CMFRI 2018-19
Exhibit R2(c) TRUE COPY OF THE REPORT FISHING FOR
CATASTROPHE BY THE CHANGING MARKETS
FOUNDATION
W.P.(C). Nos.18633 & 18634 of 2022
2025:KER:117
APPENDIX OF WP(C) 18634/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF MARINE PRODUCTS EXPORT
DEVELOPMENT AUTHORITY ACT, 1972.
Exhibit P2 TRUE COPY OF MARINE PRODUCTS EXPORT
DEVELOPMENT AUTHORITY RULES, 1972.
Exhibit P3 TRUE COPY OF UDYOG AADHAAR REGISTRATION
CERTIFICATE.
Exhibit P4 TRUE COPY OF CERTIFICATE OF IMPORT -
EXPORT CODE ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE CONSENT ORDER ISSUED BY
THE TAMIL NADU POLLUTION CONTROL BOARD.
Exhibit P6 TRUE COPY OF 3 EPCG
LICENSES/AUTHORISATIONS.
Exhibit P7 TRUE COPY OF EMAIL WITH THE APPLICATION
FOR REGISTRATION.
Exhibit P8 TRUE COPY OF THE EMAIL RECEIVED BY THE
PETITIONER FROM 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF PETITIONER'S REPRESENTATION
SENT THROUGH EMAIL.
Exhibit P9a TRUE COPY OF EXHIBIT P9 REPRESENTATION
SENT THROUGH POST.
Exhibit P10 TRUE COPY OF 2ND RESPONDENT'S OFFICE
ORDER PART I NO. 09 (NO. REG.
GEN/RFM/1/2019-REG).
Exhibit P11 TRUE COPY OF 2ND RESPONDENT'S CIRCULAR
NO. REG-GEN/RFM/J/2019-REG.
Exhibit P12 TRUE COPY OF A NOTIFICATION NO.31/2015-
2020 DATED 08.09.2022
Exhibit P13 TRUE COPY OF THE AGRICULTURAL AND
W.P.(C). Nos.18633 & 18634 of 2022
2025:KER:117
PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY ACT, 1985
Exhibit P14 TRUE COPY OF THE NOTIFICATION NO.110 (RE-
2013)/2009-2014 DATED 06.02.2015
Exhibit P15 TRUE COPY OF G.O(P) DATED 24.07.2015
Exhibit P16 TRUE COPY OF G.O(P) DATED 16.05.2022
Exhibit P17 TRUE COPY OF AN ARTICLE ON SURIMI AND
OTHER MINCE BASED FISHERY PRODUCTS BY DR.
K ELAVARASN
Exhibit P18 TRUE COPY OF CENTRAL MARINE FISHERIES
RESEARCH INSTITUTE, GOVERNMENT OF INDIA
(CMFRI) ANNUAL REPORT OF 2020 (EXECUTIVE
SUMMARY)
Exhibit P19 TRUE COPY OF CENTRAL MARINE FISHERIES
RESEARCH INSTITUTE, GOVERNMENT OF INDIA
(CMFRI) ANNUAL REPORT OF 2021 (EXECUTIVE
SUMMARY)
Exhibit P20 TRUE COPY OF CENTRAL MARINE FISHERIES
RESEARCH INSTITUTE, GOVERNMENT OF INDIA
(CMFRI) ANNUAL REPORT OF 2022 (EXECUTIVE
SUMMARY)
Exhibit P21 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2020, TITLED FISHERY RESOURCE MONITORING
Exhibit P22 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2021, TITLED FISHERY RESOURCE MONITORING
Exhibit P23 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2022, TITLED FISHERY RESOURCE MONITORING
Exhibit P24 TRUE EXTRACT FROM CMFRI ANNUAL REPORT
2022, WHICH RECORD LANDINGS IN 2022
Exhibit P25 TRUE COPY OF THE INVESTIGATION RESULTS BY
CMFRI ON REASON FOR DRASTIC DECLINE IN
FISHERY OF INDIAN OIL SARDINE (SARDINELLA
LONGICEPS) ALONG KERALA COAST DURING THE
PERIOD 2013 TO 2015
W.P.(C). Nos.18633 & 18634 of 2022
2025:KER:117
Exhibit P26 TRUE COPY OF THE LIST OF MANUFACTURING
FACILITIES REGISTERED WITH THE MANGALORE
REGIONAL OFFICE OF THE 2ND RESPONDENT
Exhibit P27 TRUE COPY OF THE APPLICATION FOR
REGISTRARION OF PROCESSING PLANT ALONG
WITH TAX INVOICE.
Exhibit P28 TRUE COPY OF APPLICATION FOR REGISTRARION
OF STORAGE PREMISES ALONG WITH TAX
INVOICE.
