Asma Rubber Products Pvt. Ltd vs Union Of India
2025 Latest Caselaw 7044 Ker

Kerala High Court

Asma Rubber Products Pvt. Ltd vs Union Of India on 23 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                              2025:KER:44942

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

  MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947

                WP(C) NO. 22172 OF 2025

PETITIONER:

         ASMA RUBBER PRODUCTS PVT. LTD
         PLOT NUMBER 39/B COCHIN SPECIAL ECONOMIC ZONE,
         COCHIN-682 037,
         KERALA, INDIA,
         REPRESENTED BY ITS MANAGING DIRECTOR
         C.Y.ABDUL RAHIM


         BY ADVS.
         SMT.LIZA MEGHAN CYRIAC
         SRI.JOLLY JOHN


RESPONDENTS:

    1    UNION OF INDIA
         MINISTRY OF COMMERCE AND INDUSTRY,
         REPRESENTED BY ITS SECRETARY,
         NEW DELHI, PIN - 110011

    2    BUREAU OF INDIAN STANDARDS
         MANAK BHAWAN, 9, BAHADUR SHAH ZAFAR MARG,
         NEW DELHI
         REPRESENTED BY ITS DIRECTOR GENERAL,
         PIN - 110002

    3    BUREAU OF INDIAN STANDARDS
         SOUTHERN REGIONAL OFFICE, CIT CAMPUS,
         IV CROSS ROAD, TARAMANI,
         CHENNAI
         REPRESENTED BY DEPUTY DIRECTOR GENERAL(SOUTH)
         PIN - 600113
                                             2025:KER:44942
WP(C) No.22172 of 2025

                             2


    4     BUREAU OF INDIAN STANDARDS
          CWC REGIONAL OFFICE COMPLEX, II FLOOR,
          MAVELI ROAD, GANDHI NAGAR,
          KADAVANTHRA (P.O), KOCHI
          KERALA, INDIA
          REPRESENTED BY THE REGIONAL SCIENTIST,
          PIN - 682020


          BY ADVS.
          SRI.AMAL PARTHASARADHY,CGC
          SRI.MANOJ RAMASWAMY, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 23.06.2025, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                  2025:KER:44942
WP(C) No.22172 of 2025

                                3



                          JUDGMENT

Dated this the 23rd day of June, 2025

The petitioner's BIS licence stands cancelled as per

Ext.P11. The petitioner submits that the guidelines issued by

the Bureau of Indian Standards cannot be applied

retrospectively. The cancellation of the licence would

adversely affect the petitioner's Industrial Unit. The petitioner

has legal and valid grounds. Unless this Court interferes and

passes appropriate orders, the petitioner will be put to untold

hardship.

2. Standing Counsel entered appearance on behalf of

respondents 2 to 4 and resisted the writ petition. The Standing

Counsel submitted that the petitioner has preferred a statutory

Appeal under Section 34 of the Bureau of Indian Standards

Act, 2016 and a hearing is scheduled to be held tomorrow.

The petitioner has also confirmed that he will be attending the 2025:KER:44942

hearing.

3. Counsel for the petitioner, on the other hand, would

submit that the appellate authority perhaps will not have right

to consider the constitutionality or retrospective application of

the guidelines and only this Court has power to effectively

interfere in the matter.

4. As the petitioner has already preferred a statutory

Appeal, I am of the view that it may not be proper for this

Court to exercise the powers under Article 226 of the

Constitution of India. At the same time, cancellation of licence

of the petitioner will have serious impact on the petitioner's

Industrial Unit. It is submitted that the petitioner has made an

interim application also for stay along with Ext.P9 Appeal.

5. In the afore facts of the case, I am of the view that

the petitioner's Appeal and interim application are to be

considered expeditiously so that the petitioner can carry on

with the Industry in a viable manner.

2025:KER:44942

The writ petition is accordingly disposed of directing the

2nd respondent to consider the Appeal and interim application

for stay preferred by the petitioner. The petitioner will be free

to urge all the contentions raised in this writ petition before the

2nd respondent. An order shall be passed in the interim

application as expeditiously as possible and at any rate within

a period of two weeks and the Appeal shall be disposed of

within a period of two months.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:44942

APPENDIX OF WP(C) 22172/2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE BIS LICENCE NO:

(CM/L-6792190) ISSUED ON 14.02.2008 BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE ENDORSEMENT OF RENEWAL FROM THE YEAR 2018 UNTIL 2023 Exhibit P3 TRUE COPY OF THE CERTIFICATE OF ENDORSEMENT OF RENEWAL OF THE LICENSE, BEARING NUMBER CM/L-6792190, DATED 17TH FEBRUARY 2024 Exhibit P4 TRUE COPY OF THE TAX INVOICE DATED 27TH FEBRUARY 2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE NOTICE DATED 24TH FEBRUARY 2025 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE DETAILED REPLY SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT, DATED 4TH MARCH 2025 Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 6TH MARCH 2025 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT REQUESTING A PERSONAL HEARING Exhibit P8 TRUE COPY OF THE RECORD OF THE PERSONAL HEARING HELD ON 9TH APRIL 2025 BEFORE THE 3RD RESPONDENT WITH THE PETITIONER Exhibit P9 TRUE COPY OF THE APPEAL DATED 24.04.2025 FILED BY PETITIONER BEFORE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE EMAIL COMMUNICATION SENT BY THE PETITIONER DATED 3RD JUNE 2025 TO THE 3RD RESPONDENT REQUESTING TO ISSUE A CERTIFIED COPY OF THE ORDER PURSUANT TO THE HEARING CONDUCTED AS EVIDENCED BY EXHIBIT P-8 2025:KER:44942

Exhibit P11 TRUE COPY OF THE COMMUNICATION UPLOADED BY THE 3RD RESPONDENT ON THEIR PORTAL, DATED 3RD JUNE 2025, BEARING REFERENCE NUMBER KOBO/CML-

6401540