Disposed

M/S.Star Gate Travel Bureau v. the Secretary

Kerala HC15 Jun 2012WP(C)/11419/2012

Case brief

AI extract

What is this about?

The Court directed the 1st respondent to decide on the petitioner's pending appeal within three months. It also allowed consideration of an interim stay order within two weeks if pressed for. The writ petition challenging the bank guarantee invocation was disposed of accordingly.

What did the court decide?

Direction to 1st respondent to decide pending appeal within three months; consideration of interim stay within two weeks if pressed.

M/S.Star Gate Travel Bureau Vs the Secretary — Contract and Commercial Disputes | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

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FRIDAY, THE 15TH DAY OF JUNE 2012/25TH JYAISHTA 1934S

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WP(C).No. 11419 of 2012 (B)

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PETITIONER :

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M/S.STAR GATE TRAVEL BUREAU TC-9/2519-2, NEAR INDIRA BHAVAN, VELLAYAMBALAM TRIVANDRUM-695 010, REPRESENTED BY ITS PROPRIETOR MUHAMMED JALEEL.K.E.

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BY ADVS.SRI.B.RAMAN PILLAI

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SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM

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RESPONDENTS:

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1. THE SECRETARY TO THE GOVERNMENT MINISTRY OF OVERSEAS INDIAN AFFAIRS GOVERNMENT OF INDIA, AKBAR BHAVAN, SATYA MARG CHANKAYAPURI, NEW DELHI-110 021.

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2. THE PROTECTOR GENERAL OF EMIGRANTS OFFICE OF THE PROTECTOR GENERAL OF EMIGRANTS AKBAR BHAVAN, SATYA MARG, CHANKAYAPURI NEW DELHI-110 021.

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3. THE INDIAN OVERSEAS BANK P.B.NO.282, Y.W.C.A BUILDING, M.G.ROAD TRIVANDRUM-695 001 REPRESENTED BY ITS CHIEF MANAGER.

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(WPC 11419/2012 (B)

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4. THE SOUTH INDIAN BANK LTD. TRIVANDRUM MAIN BRANCH, SPENCER JUNCTION TRIVANDRUM-695 039 REPRESENTED BY ITS CHIEF MANAGER.

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R1 & 2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY ADV.SRI. LEO GEORGE, SC FOR INDIAN OVERSEAS BANK R4BY SRI.K.K.JOHN,SC,SOUTH INDIAN BANK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 11419/2012 (B)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.23549 OF 2011 DATED 31.8.2011.

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EXHIBIT P2- TRUE COPY OF THE ORDER OF APPELLATE AUTHORITY DATED 23.12.2011.

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EXHIBIT P3- TRUE COPY OF THE ORDER OF 2ND RESPONDENT INVOKING THE BANK GUARANTEE FURNISHED BY THE PETITIONER DATED 4.5.2012.

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EXHIBIT P4- TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 15.5.2012 FILED BY THE PETITIONER BEFORE IST RESPONDENT.

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EXHIBIT P5- TRUE COPY APPLICATION FOR STAY FILED BEFORE THE RESPONDENT NO.1 DATED 15.5.2012.

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EXHIBIT P6- TRUE COPY OF THE POSTAL RECEIPT SHOWING DESPATCH OF EXHIBIT P4 AND P5 ON 15.5.2012.

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EXHIBIT P7- TRUE COPY OF DEMAND DRAFT DATED 15.5.2012 TAKEN BY THE PETITIONER AND SENF ALONG WITH EXHIBITS P4 AND P5.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

T.R.RAMACHANDRAN NAIR, J.

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--------------------------------------------------

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W.P.(C)No.11419 Of 2012

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-------------------------------------------------DATED THIS THE 15^th DAY OF JUNE, 2012

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JUDGMENT

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The petitioner has approached this Court challenging

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the proceedings Exhibit P3, which directed the authorities of the Bank to invoke the Bank guarantee.

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Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India.

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It is submitted by the learned counsel for the petitioner that an appeal filed by the petitioner has not been disposed of so far.

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In that view of the matter there will be a direction to the 1^st respondent to take a decision on the appeal, namely Exhibit P4, after hearing the petitioner, within a period of three months from the date of production of a copy of this judgment. If the petitioner presses for an interim order in the stay petition, the same will be considered and appropriate order will be passed within two weeks of the date of production of the judgment.

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W.P.(C)No.11419/12

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-2-

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The Writ Petition is disposed of as above.

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Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)

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dsn

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The last sentence of paragraph 4 of the judgment dated 15.6.2012 in W.P.(C)No.11419/2012 is substituted as “Till orders are passed in the Appeal, the interim order passed by this Court dated 18.5.2012 will continue” as per order dated 27.6.2012 in W.P.(C)No.11419/2012.

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Sd/Registrar (Judicial)

M/S.Star Gate Travel Bureau v. the Secretary

Case brief

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M/S.Star Gate Travel Bureau v. the Secretary

Case brief

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