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Zircar Refractories Limited v. Union of India

Kerala HC4 Oct 2021WP(C)/19981/2021

Case brief

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What is this about?

The High Court of Kerala disposed of a writ petition where the Managing Director of a company, constrained by Covid-19 health advisements from travelling, sought to appear through an authorised representative instead of complying with a summons to give evidence before the Enforcement Directorate.

What did the court decide?

The writ petition is closed recording the submission that the petitioner can appear through an authorised representative.

Zircar Refractories Limited Vs Union of… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943 WP(C) NO. 19981 OF 2021

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PETITIONERS:

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1 ZIRCAR REFRACTORIES LIMITED 402, 4TH FLOOR CAMPUS CORNER NEAR ST. XAVIER S COLLEGE CROSS ROAD,NAVARANGAPURAM , AHMEDABAD 380 009 REPRESENTED BY ITS MANAGING DIRECTOR HIRALAL RAI AGED 66 SON OF RAMADHAR RAI RESIDING AT 43, KRISHNA SOCIETY,JAIL ROAD, MEHSANA, AHMEDABAD, PIN - 384002

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2 HIRALAL RAI AGED 66 YEARS S/O RAMADHAR RAI, , RESIDING AT 43, KRISHNA SOCIETY, JAIL ROAD, MEHSANA - 384002, MANAGING DIRECTOR, ZIRCAR REFRACTORIES LIMITED ,402, 4TH FLOOR, CAMPUS CORNER, NEAR ST XAVIER S COLLEGE,CROSS ROAD, NAVARANGAPURA, AHMEDABAD OTHER DISTRICTS, PIN - 384002

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BY ADV SASTHAMANGALAM S. AJITHKUMAR

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RESPONDENTS:

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1 THE UNION OF INDIA REPRESENTED BY THE ENFORCEMENT DIRECTORATE COCHIN ZONAL OFFICE, KAZOOS CASTLE, A.K. SHEHADRI ROAD (MULLASSERY CANAL ROAD - WEST) COCHIN-682011 REPRESENTED BY ITS DEPUTY DIRECTOR

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2 DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, COCHIN ZONAL OFFICE, '˜KAZOOS CASTLE' A.K. SHEHADRI ROAD, (MULLASERY CANAL ROAD- WEST), COCHIN- 682011

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BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19981 OF 2021

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W.P.(C) No.19981 of 2021

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J U D G M E N T

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The second petitioner is the Managing Director of the first petitioner company. The second petitioner was issued Ext.P1 summons by the second respondent calling upon him to mak e himself ava ilable to give evidence in connection with a case which is being investigated by the second respondent. In terms of Ext.P1, the second petitioner was also called upon to produce his bank passbook and passport. It is stated that since the second petitioner was infected with Covid-19 and he was advised not to undertake any travel, he requested the second respondent to permit him to appear through his authorised representative. The writ petition is filed thereafter seeking directions to the second respondent to allow the second petitioner to appear before the second respondent through his authorised representative in response to Ext.P1 summons.

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2 . When this matter was taken up, the learned Central Government Counsel submitted, upon instructions, that the second petitioner can appear through an authorised representative who is conversant with the facts of the case.

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WP(C) NO. 19981 OF 2021

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In the circumstances, the writ petition is closed recording the

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submission made by the learned Central Government Counsel.

Sd/-

P.B.SURESH KUMAR

JUDGE

Zircar Refractories Limited v. Union of India

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Zircar Refractories Limited v. Union of India

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