High Court held that petitioners can approach Civil Courts for return of plaints to present before Designated Courts under the BUDS Act, rendering the writ petition for such direction unnecessary.
None granted; liberty left to petitioners to approach Civil Courts for return of plaints.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
WP(C) NO. 1246 OF 2023
PETITIONERS:
1 OMANAKUTTAN PILLAI, AGED 59 YEARS, S/O LATE RAGHAVAN PILLAI, MUKALIL CHAKKALAYIL VEEDU, ELAMKULAM, ENATHU P.O., ADUR, PATHANAMTHITTA-691 526.2 SWAPNA, AGED 57 YEARS, D/O PONNAMMA, SOHANALAYAM, KAMUKUMCHERRY, KARYARA P.O., KOLLAM-691 332.3 BIJU S.R., AGED 58 YEARS, S/O LATE RADHAKRISHNAN, GOURINANDANAM, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 571.4 INDIRAMMA, AGED 59 YEARS, W/O SOMASEKHARAN PILLAI, NIRMALYAM, KARYARA P.O., PUNALUR, KOLLAM-691 332.5PRAVEEN. T., AGED 37 YEARS,
INCHATHADATHIL PUTHENVEEDU, AICKARAKONAM,
KOKKODU P.O., PUNALUR, KOLLAM-691 331.
BY ADVS.
K.SUDHINKUMAR
S.NITHIN (ANCHAL)
P.MOHANDAS (ERNAKULAM)
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.2 THE ADDITIONAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.3 COMPETENT AUTHORITY & SECRETARY (BUDS ACT), HOME(SC) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.4 M/S.KECHERY ENTERPRISES,WP(C) NO. 1246 OF 2023
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REPRESENTED BY ITS PROPRIETOR,
KECHERY TOWERS, NEAR KSRTC BUS STAND,
PUNALUR P.O, KOLLAM-691 305.
5S. VENUGOPAL, PROPRIETOR,
M/S KECHERY ENTERPRISES, KECHERY TOWER,
NEAR KSRTC BUS STAND, PUNALUR P.O,
KOLLAM-691305, RESIDING AT HARI BHAVAN,
KAMUKUMCHERY, KARYARA P.O., PUNALUR,
KOLLAM-691 332.
*ADDL.R6THE HIGH COURT OF KERALA,
REPRESENTED BY REGISTRAR GENERAL,
ERNAKULAM - 682031.
*ADDL.R6 IS IMPLEADED AS PER ORDER DATED
16.03.2023 IN IA 1/2023 IN WP(C) NO. 1246/2023.
BY ADVS.
SRI.BABU PAUL, SC
K.R.RANJITH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 1246 OF 2023
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JUDGMENT
It is uncontested and affirmed by the rival
sides that the statutorily Designated Courts
under the provisions of the Banning of
Unregulated Deposits Schemes Act, 2019 (‘BUDS
Act’, for short) are now functioning; and that
necessary notifications empowering them have also
been issued, including by the High Court.
2.Therefore, the only question now is what
happens to the Civil Suits filed by the petitioners
before various Civil Courts, at a time when the
Kerala Banning of Unregulated Deposits Schemes
Rules, 2021 (‘Rules’, for short) had not been
notified. This question has now become important
because said Rules have now been notified; and
consequent thereto, prima facie, the Civil Courts
would obtain no jurisdiction to continue with the
Suits.
3.Sri.Babu Paul – learned Standing Counsel
WP(C) NO. 1246 OF 2023
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for the 6th respondent – High Court of Kerala,
submitted that the remedy of the petitioners can
either be to seek transfer of the Suits to the
Designated Courts, or that their plaint be returned,
so that it can be presented before the said Courts.
4.Sri.K.R.Ranjith –learned Government
Pleader appearing for respondents 1 to 3, also
affirmed the afore submissions of Sri.Babu Paul;
adding that, since the ‘Rules’ are now in force, it
would certainly be available to the petitioners to
make such a plea before the Trial Courts.
5.However, Sri.K.Sudhinkumar –learned
counsel for the petitioners, in reply, submitted
that his client has been constrained to approach
this Court seeking a direction to respondents 1
to 3 to issue an appropriate order or
notification for transfer of the civil cases to
the Designated Courts because, in the absence of
the same, the Trial Courts are not entertaining
any request for such, but are now in the process
WP(C) NO. 1246 OF 2023
of dismissing the Suits.
6.I do not understand the purport of the
afore submissions of Sri.K.Sudhinkumar because,
when a suit becomes incapable of prosecution
before a Trial Court, there are remedies
available to the litigants under the Civil
Procedure Code, including for seeking return of
the plaint, so that it can be presented before
the competent Court. I do not see why the
petitioners cannot do so.
In the afore circumstances and for the
reason that the requests made by the petitioners
in this writ petition do not seem to be
necessary, I order it leaving liberty to them to
approach the Civil Court through appropriate
applications for return of the plaints for being
presented before the Designated Courts; and if
this is done, the said Courts shall deal with
it, adverting to the ‘BUDS Act’ and to the
WP(C) NO. 1246 OF 2023
‘Rules’ aforementioned.
I also leave liberty to the petitioners to
seek any clarification that may become warranted
in future in this writ petition itself.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 1246 OF 2023
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APPENDIX OF WP(C) 1246/2023
PETITIONER EXHIBITS
EXHIBIT-P1TRUE COPY OF THE INTERIM ORDER DATED
21.10.2022 IN WP(CRL) 994/2022 AND
CONNECTED CASES
EXHIBIT-P2TRUE COPY OF THE PROCEEDINGS NO.
HOME-SC3/180/2022 DATED 04.11.2022
ISSUED BY THE 3RD RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R6 (A)TRUE COPY OF G.O (RT) NO.2959/2020
DT.22/12/2020
EXHIBIT R6 (B)THE RULES FRAMED BY THE CENTRAL
GOVERNMENT BUDS RULES 2020
EXHIBIT R6 (C)THE RULES FRAMED BY THE KERALA
GOVERNMENT BUDS RULES 2021
1 issue framed by the court
Whether the High Court should issue a direction to transfer civil suits to Designated Courts under the BUDS Act when the Rules are notified.
OMANAKUTTAN PILLAI and others
THE STATE OF KERALA
M/S. KECHERY ENTERPRISES
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court