Allowed

Konuparamban Traders v. the Kerala State Civil Supplies Corporation Ltd.

Kerala HC7 Sept 2023WP(C)/4841/2023

Case brief

AI extract

What is this about?

Writ petitions challenging blacklisting order and a monetary determination order were allowed. The court set aside both orders as the petitioner was not heard before the blacklisting, and remitted the matters to the respondent for fresh consideration after hearing.

What did the court decide?

The impugned orders (Ext.P46 in WP(C) 14460/2023 and Ext.P32 in WP(C) 4841/2023) were set aside. The petitioner was granted liberty to make a comprehensive representation before the Managing Director

Konuparamban Traders Vs the Kerala State Civil… — Public Procurement and Tenders | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
WP(C) NO. 8935 OF 2021

¶4

PETITIONER:

¶5

KONUPARAMBAN TRADERS,
VAZHAKUNNU, ALOOR, CHALAKUDY,
THRISSUR-680 683,
REPRESENTED BY ITS PROPRIETOR.

¶6

BY ADVS.SHYAM PADMAN
SRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
KUM.LAYA MARY JOSEPH
SRI.HARISH ABRAHAM

¶7

RESPONDENT:

¶8

THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
P.B.NO.2030, MAVELI BHAVAN, MAVELI ROAD,
GANDHI NAGAR, KOCHI-682 020,
REPRESENTED BY ITS SECRETARY.

¶9

BY ADV SRI.R.LAKSHMI NARAYAN

¶10

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2023, ALONG WITH WP(C).4841/2023, 14460/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶11

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶12

-2-

¶13

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶14

PRESENT

¶15

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶16

THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA,

¶17

¶18

WP(C) NO. 4841 OF 2023

¶19

PETITIONER:

¶20

KONUPARAMBAN TRADERS,
VAZHAKUNNU, ALOOR, CHALAKUDY,
THRISSUR- 680 683,
REPRESENTED BY ITS PROPRIETOR.

¶21

BY ADVS.

¶22

SHYAM PADMAN
C.M.ANDREWS
BOBY M.SEKHAR
LAYA MARY JOSEPH
HARISH ABRAHAM
ASHWATHI SHYAM

¶23

RESPONDENT:

¶24

THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
P.B NO. 2030, MAVELI BHAVAN, MAVELI ROAD,
GANDHI NAGAR, KOCHI- 682 020.

¶25

BY ADV.SRI.LAKSHMI NARAYAN R.

¶26

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.09.2023, ALONG WITH WP(C).8935/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶27

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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¶29

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶30

PRESENT

¶31

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶32

THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA,

¶33

¶34

WP(C) NO. 14460 OF 2023

¶35

PETITIONER:

¶36

KONUPARAMBAN TRADERS, VAZHAKUNNU, ALOOR,
CHALAKUDY, THRISSUR-680683,
REPRESENTED BY ITS PROPRIETOR.

¶37

BY ADVS.SHYAM PADMAN
C.M.ANDREWS
BOBY M.SEKHAR
LAYA MARY JOSEPH
HARISH ABRAHAM
ASHWATHI SHYAM

¶38

RESPONDENTS:

¶39

1 THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, P.B NO. 2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI, PIN – 682020.

¶40

2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS, THIRUVANANTHAPURAM.

¶41

BY ADVS.MOLLY JACOB
LAKSHMI NARAYAN R.
SRI.APPU P.S., GP

¶42

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.09.2023, ALONG WITH WP(C).8935/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶43

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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¶45

JUDGMENT

¶46

[WP(C) Nos.8935/2021, 4841/2023, 14460/2023]

¶47

Among the afore three writ petitions - which

¶48

have been filed by the same Company -
W.P.(C).No.14460/2023 impugns an order issued by

¶49

the Kerala State Civil Supplies Corporation Ltd.

¶50

(SUPPLYCO) blacklisting them; while W.P.(C).No.
4841/2023 calls into question an order of the

¶51

Managing Director of the ‘SUPPLYCO’, finding

¶52

that no amounts are due to them as claimed, but

¶53

that, on the contrary, an amount of
Rs.7,22,595/- is liable to be recovered from

¶54

them. As regards the third of the afore writ
petitions, namely W.P.(C).No.8935/2021, it is
virtually conceded that it has no relevance, as
of now, on account of further proceedings, which

¶55

have been impugned in the other two writ
petitions.

¶56

2.Sri.Shyam Padman – learned counsel for

¶57

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶58

-5-

¶59

the petitioner in all these cases, submitted
that the order impugned in W.P.(C).No.14460/2023
- namely Ext.P46 - blacklisting his client for a
period of two years from 23.02.2023 is illegal,
unlawful and unethical, because they were not
given even an opportunity of being heard; while,
the proceedings impugned in W.P.(C).No.4841/2023
- namely Ext.P32 - have been settled without
considering any of the germane factors, thus
erroneously concluding that no amounts are due
to his client. He thus prayed that both these
writ petitions be allowed and the impugned
orders set aside.

¶60

3.Sri.R.Lakshmi Narayan – learned Standing

¶61

Counsel for the ‘SUPPLYCO’, in response,

¶62

submitted that the allegations of the petitioner
against the orders impugned in these cases are
wholly uncharitable because, even though they
were given several opportunities of being heard,

¶63

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶64

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¶65

they did not turn up; and consequently, that
competent Authority of the ‘SUPPLYCO’ had no
other option but to issue the impugned orders.
He, however, very fairly conceded that if this
Court is so inclined, the competent Authority of
the SUPPLYCO can hear the petitioner again,
both on the question of being blacklisted and on
their claim of money, provided they fully co-
operate and make available all relevant and
germane inputs and documents.

¶66

suggestion of Sri.R.Lakshmi Narayan would be
the best course available to the petitioner
also, because the disputes between the parties -

¶67

both with respect to the claim of money and

¶68

against blacklisting now ordered - are in the

¶69

realm of facts, coupled with documentary
evaluation, which cannot be done by this Court

¶70

while acting under Article 226 of the

¶71

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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Constitution of India, at least at the first
instance.

¶74

5.I have no doubt that, since, as a matter
of fact – and as admitted - the petitioner was
not heard before the impugned order in W.P.
(C).No.14460/2023 was issued – whatever be the
reason for such – it will require the ‘SUPPLYCO’
to reconsider the entire aspect, in its proper
perspective, so that the controversies between
the parties can be resolved to the extent
possible.

¶75

Resultantly, I allow W.P.(C).Nos.14460/2023
and 4841/2023, setting aside Ext.P46 in the
former and Ext.P32 in the latter; with liberty
being reserved to the petitioner to make a

¶76

comprehensive representation regarding their
claims before the Managing Director of
‘SUPPLYCO’. If this is done within a period of

¶77

two weeks from the date of receipt of a copy of

¶78

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶79

this judgment, same shall be considered by the

¶80

said Authority, after hearing the petitioner;

¶81

thus culminating in an appropriate order and

¶82

necessary action thereon, as expeditiously as is

¶83

possible, but not later than two months
thereafter.

¶84

As a consequence, W.P.(C).No.8935/2021 is

¶85

closed, without entering into the merits of any
of the rival contentions, but keeping them all
open, if it becomes necessary to be impelled by

¶86

the petitioner in future.

¶87

Sd/-

¶88

DEVAN RAMACHANDRAN

¶89

JUDGE

¶90

akv

¶91

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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APPENDIX OF WP(C) 4841/2023

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PETITIONER EXHIBITS

¶95

`EXHIBIT P1`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8084 DATED 30.07.2020 FOR THE` `MONTH OF JULY 2020 ISSUED BY THE` `RESPONDENT TO THE PETITIONER`
`EXHIBIT P1(A)`	`TRUE COPY OF THE ANNEXURE I SHOWING` `THE SCHEDULE OF SUPPLY TO DIFFERENT` `DEPOTS FOR THE MONTH OF JULY 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO. MKT/8084.`
`EXHIBIT P1(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE MONTH OF JULY 2020 ISSUED` `BY THE RESPONDENT TO THE PETITIONER` `ALONG WITH PURCHASE ORDER NO.` `MKT/8084.`
`EXHIBIT P2`	`TRUE COPY OF THE LETTER DATED` `22.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P3`	`TRUE COPY OF THE EMAIL DATED` `22.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P4`	`TRUE COPY OF THE EMAILS DATED` `23.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P5`	`TRUE COPY OF THE QUOTATION DATED` `23.07.2020 SUBMITTED BY THE PETITIONER`
`EXHIBIT P6`	`TRUE COPY OF THE EMAIL DATED` `24.07.2020 SENT BY THE PETITIONER WITH` `MODIFIED RATES OF JAGGERY`
`EXHIBIT P7`	`TRUE COPY OF THE COMMUNICATION DATED` `25.07.2020 CONFIRMING THE QUOTATION` `FOR JAGGERY`

¶96

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶98

`EXHIBIT P8`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8063 DATED 27.07.2020, FOR THE` `SUPPLY OF ONAM KIT 2020 ISSUED BY THE` `RESPONDENT TO THE PETITIONER.`
`EXHIBIT P8(A)`	`TRUE COPY OF ANNEXURE I SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF ONAM KIT 2020 ISSUED` `BY THE RESPONDENT TO THE PETITIONER.`
`EXHIBIT P8(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER`
`EXHIBIT P9`	`TRUE COPY OF THE LETTER DATED` `28.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER DATED` `29.07.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P11`	`TRUE COPY OF THE LETTER DATED` `04.08.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P12`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8099 DATED 04.08.2020 ISSUED BY` `THE RESPONDENT TO THE PETITIONER FOR` `THE SUPPLY OF 4,67,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P12(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO. MKT/8099.`
`EXHIBIT P12(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER.`

¶99

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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`EXHIBIT P13`	`- TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8111 DATED 07.08.2020, FOR THE` `SUPPLY OF 10,00,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P13(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF 10,00,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ALONG WITH PURCHASE ORDER NO.` `MKT/8111.`
`EXHIBIT P13(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 10,00,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT ALONG WITH` `PURCHASE ORDER NO. MKT/8111.`
`EXHIBIT P14`	`TRUE COPY OF THE ORDER DATED` `26.08.2020 OF THE RESPONDENT.`
`EXHIBIT P15`	`TRUE COPY OF THE NOTICE DATED` `27.08.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P16`	`TRUE COPY OF THE REPLY DATED` `03.09.2020 SUBMITTED BY THE` `PETITIONER.`
`EXHIBIT P17`	`TRUE COPY OF THE ORDER DATED` `14.09.2020 OF THE RESPONDENT`
`EXHIBIT P18`	`TRUE COPY OF THE ORDER DATED` `22.10.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P19`	`TRUE COPY OF THE JUDGMENT DATED` `04.11.2020 IN W.P(C) NO. 23285 OF 2020`
`EXHIBIT P20`	`TRUE COPY OF THE HEARING NOTICE DATED` `15.12.2020 ISSUED BY THE RESPONDENT TO` `THE PETITIONER`
`EXHIBIT P21`	`TRUE COPY OF THE WRITTEN SUBMISSION` `DATED 21.12.2020 PLACED BEFORE THE`

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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RESPONDENT

¶105

`EXHIBIT P22`	`TRUE COPY SHOW CAUSE NOTICE DATED` `09.02.2021 ISSUED BY THE RESPONDENT`
`EXHIBIT P23`	`TRUE COPY OF THE REPLY DATED` `03.03.2021 OF THE PETITIONER`
`EXHIBIT P24`	`TRUE COPY OF THE REPRESENTATION DATED` `22.03.2021 OF THE PETITIONER`
`EXHIBIT P25`	`TRUE COPY OF THE REPLY DATED` `29.03.2021 ISSUED BY THE RESPONDENT`
`EXHIBIT P26`	`TRUE COPY OF THE INTERIM ORDER DATED` `08.04.2021 PASSED BY THIS HON'BLE` `COURT IN W.P(C) NO. 8935/2021`
`EXHIBIT P27`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.06.2021 PASSED BY THIS HON'BLE` `COURT IN I.A NO. 1/2021 IN W.P(C) NO.` `8935/2021`
`EXHIBIT P28`	`TRUE COPY OF THE COMMUNICATION DATED` `08.12.2020 ISSUED BY THE MANAGER, FMCG` `OF THE RESPONDENT TO THE MANAGER,` `FINANCE DEPARTMENT OF THE RESPONDENT`
`EXHIBIT P29`	`TRUE COPY OF THE PAYMENT DETAILS` `ISSUED BY RESPONDENT TO THE PETITIONER` `DATED 18.06.2022`
`EXHIBIT P30`	`TRUE COPY OF THE LAWYER NOTICE DATED` `07.07.2022 SENT TO THE RESPONDENT`
`EXHIBIT P31`	`TRUE COPY OF THE STATEMENT DATED` `26.10.2022 SUBMITTED BY THE COUNSEL` `FOR THE RESPONDENT IN W.P(C) NO,` `8935/2022`
`EXHIBIT P32`	`TRUE COPY OF THE PROCEEDINGS OF THE` `CHAIRMAN & MANAGING DIRECTOR DATED`

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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19.10.2022

¶109

EXHIBIT P33TRUE COPY OF THE DEMAND NOTICE DATED
21.10.2022
EXHIBIT P34TRUE COPY OF THE COMMUNICATIONS ISSUED
BY THE ASSISTANT DEPOT MANAGER,
ATTINGAL DATED 19.09.2020 TO THE
MARKETING/ PURCHASE MANAGER, SUPPLY CO
HEAD OFFICE
EXHIBIT P34(A)TRUE COPY OF THE COMMUNICATIONS ISSUED
BY THE DEPOT MANAGER NEDUMANGAD DATED
15.09.2020 TO THE MARKETING/ PURCHASE
MANAGER, SUPPLY CO HEAD OFFICE
EXHIBIT P35TRUE COPY OF THE RECEIPT ISSUED BY THE
ATTINGAL DEPOT DATED 23.10.2020
TOWARDS REPACKING CHARGES SPENT BY THE
PETITIONER
EXHIBIT P35(A)TRUE COPY OF THE RECEIPT ISSUED BY THE
NEDUMANGADU DEPOT DATED 23.10.2020
TOWARDS REPACKING CHARGES SPENT BY THE
PETITIONER
EXHIBIT P35(B)TRUE COPY OF THE RECEIPT ISSUED BY THE
THIRUVANANTHAPURAM DEPOT DATED
23.10.2020 TOWARDS REPACKING CHARGES
SPENT BY THE PETITIONER
EXHIBIT P35(C)TRUE COPY OF THE RECEIPT ISSUED BY THE
KOLLAM DEPOT DATED 07.11.2020, TOWARDS
REPACKING CHARGES SPENT BY THE
PETITIONER, ALONG WITH TYPED COPY IS
PRODUCED

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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APPENDIX OF WP(C) 14460/2023

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PETITIONER EXHIBITS

¶114

`EXHIBIT P1`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8084 DATED 30.07.2020 FOR THE` `MONTH OF JULY 2020 ISSUED BY THE` `RESPONDENT NO.1 TO THE PETITIONER.`
`EXHIBIT P1(A)`	`TRUE COPY OF THE ANNEXURE I SHOWING` `THE SCHEDULE OF SUPPLY TO DIFFERENT` `DEPOTS FOR THE MONTH OF JULY 2020` `ISSUED BY THE RESPONDENT NO.1 TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO. MKT/8084.`
`EXHIBIT P1(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE MONTH OF JULY 2020 ISSUED` `BY THE RESPONDENT NO.1 TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO. MKT/8084.`
`EXHIBIT P2`	`TRUE COPY OF THE LETTER DATED` `22.07.2020 ISSUED BY THE RESPONDENT` `NO.1.`
`EXHIBIT P3`	`TRUE COPY OF THE EMAIL DATED` `22.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P4`	`TRUE COPY OF THE EMAILS DATED` `23.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P5`	`TRUE COPY OF THE QUOTATION DATED` `23.07.2020 SUBMITTED BY THE PETITIONER`
`EXHIBIT P6`	`TRUE COPY OF THE EMAIL DATED` `24.07.2020 SENT BY THE PETITIONER WITH` `MODIFIED RATES OF JAGGERY`
`EXHIBIT P7`	`TRUE COPY OF THE COMMUNICATION DATED` `25.07.2020 CONFIRMING THE QUOTATION`

¶115

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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FOR JAGGERY

¶118

`EXHIBIT P8`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8063 DATED 27.07.2020, FOR THE` `SUPPLY OF ONAM KIT 2020 ISSUED BY THE` `RESPONDENT NO.1 TO THE PETITIONER.`
`EXHIBIT P8(A)`	`TRUE COPY OF ANNEXURE I SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF ONAM KIT 2020 ISSUED` `BY THE RESPONDENT NO.1 TO THE` `PETITIONER.`
`EXHIBIT P8(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF ONAM KIT 2020` `ISSUED BY THE RESPONDENT NO.1 TO THE` `PETITIONER`
`EXHIBIT P9`	`TRUE COPY OF THE LETTER DATED` `28.07.2020 ISSUED BY THE RESPONDENT` `NO.1`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER DATED` `29.07.2020 ISSUED BY THE RESPONDENT` `NO.1`
`EXHIBIT P11`	`TRUE COPY OF THE LETTER DATED` `04.08.2020 ISSUED BY THE RESPONDENT` `NO.1.`
`EXHIBIT P12`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8099 DATED 04.08.2020 ISSUED BY` `THE RESPONDENT NO.1 TO THE PETITIONER` `FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P12(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT NO.1 TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO. MKT/8099.`

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WP(C) Nos.8935/2021, 4841/2023, 14460/2023

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`EXHIBIT P12(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT NO.1 TO THE` `PETITIONER.`
`EXHIBIT P13`	`TRUE COPY OF THE PURCHASE ORDER NO.` `MKT/8111 DATED 07.08.2020, FOR THE` `SUPPLY OF 10,00,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P13(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF 10,00,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ALONG WITH PURCHASE ORDER NO.` `MKT/8111.`
`EXHIBIT 13(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 10,00,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT NO.1 ALONG` `WITH PURCHASE ORDER NO. MKT/8111.`
`EXHIBIT P14`	`TRUE COPY OF THE ORDER DATED` `26.08.2020 OF THE RESPONDENT NO.1.`
`EXHIBIT P15`	`TRUE COPY OF THE NOTICE DATED` `27.08.2020 ISSUED BY THE RESPONDENT` `NO.1.`
`EXHIBIT P16`	`TRUE COPY OF THE REPLY DATED` `03.09.2020 SUBMITTED BY THE` `PETITIONER.`
`EXHIBIT P17`	`TRUE COPY OF THE ORDER DATED` `14.09.2020 OF THE RESPONDENT NO.1.`
`EXHIBIT P18`	`TRUE COPY OF THE ORDER DATED` `22.10.2020 ISSUED BY THE RESPONDENT` `NO.1.`
`EXHIBIT P19`	`TRUE COPY OF THE JUDGMENT DATED`

¶122

WP(C) Nos.8935/2021, 4841/2023, 14460/2023

¶123

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¶124

04.11.2020 IN W.P(C) NO. 23285 OF 2020

¶125

`EXHIBIT P20`	`TRUE COPY OF THE HEARING NOTICE DATED` `15.12.2020 ISSUED BY THE RESPONDENT` `NO.1 TO THE PETITIONER`
`EXHIBIT P21`	`TRUE COPY OF THE WRITTEN SUBMISSION` `DATED 21.12.2020 PLACED BEFORE THE` `RESPONDENT NO.1`
`EXHIBIT P22`	`TRUE COPY SHOW CAUSE NOTICE DATED` `09.02.2021 ISSUED BY THE RESPONDENT` `NO.1`
`EXHIBIT P23`	`TRUE COPY OF THE REPLY DATED` `03.03.2021 OF THE PETITIONER`
`EXHIBIT P24`	`TRUE COPY OF THE REPRESENTATION DATED` `22.03.2021 OF THE PETITIONER`
`EXHIBIT P25`	`TRUE COPY OF THE REPLY DATED` `29.03.2021 ISSUED BY THE RESPONDENT`
`EXHIBIT P26`	`TRUE COPY OF THE INTERIM ORDER DATED` `08.04.2021 PASSED BY THIS HON'BLE` `COURT IN W.P(C) NO. 8935/2021`
`EXHIBIT P27`	`TRUE COPY OF THE INTERIM ORDER DATED` `25.06.2021 PASSED BY THIS HON'BLE` `COURT IN I.A NO. 1/2021 IN W.P(C) NO.` `8935/2021`
`EXHIBIT P28`	`TRUE COPY OF THE SHOW CAUSE NOTICE` `DATED 22.07.2021 ISSUED BY THE` `RESPONDENT NO.1`
`EXHIBIT P29`	`TRUE COPY OF THE REPLY SUBMITTED BY` `THE PETITIONER DATED 03.08.2021 TO` `EXT. P28`
`EXHIBIT P30`	`TRUE COPY OF THE COMMUNICATION DATED` `06.09.2021 OF THE RESPONDENT TO THE`

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PETITIONER

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EXHIBIT P31TRUE COPY OF THE LETTER NO.
QA(2)22440/202(3) DATED 27.08.2020 OF
AGM(QA) ALONG WITH THE TEST REPORTS OF
COUNCIL FOR FOOD RESEARCH AND
DEVELOPMENT (CFRD) DATED 26.08.2020

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EXHIBIT P31(A)TRUE COPY OF THE LETTER NO.
QA(2)22440/202(4) DATED 27.08.2020 OF
AGM(QA) ALONG WITH THE TEST REPORTS OF
COUNCIL FOR FOOD RESEARCH AND
DEVELOPMENT (CFRD) DATED 26.08.2020

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EXHIBIT P31 (B)TRUE COPY OF THE LETTER NO.
QA(2)22440/202(3) DATED 04.09.2020 OF
AGM(QA)
EXHIBIT P31 (C)TRUE COPY OF THE LETTER NO.
QA(2)22440/202(2) DATED 04.09.2020 OF
AGM(QA)
EXHIBIT P32TRUE COPY OF THE COMMUNICATION DATED
18.10.2021 FROM THE RESPONDENT
EXHIBIT P33TRUE COPY OF THE EMAIL DATED
04.11.2021 SENT BY THE PETITIONER TO
THE RESPONDENT
EXHIBIT P34TRUE COPY OF THE REPLY DATED
04.11.2021 OF THE PETITIONER TO EXT.
P32 COMMUNICATION
EXHIBIT P35TRUE COPY OF THE COMMUNICATION DATED
08.12.2020 ISSUED BY THE MANAGER, FMCG
OF THE RESPONDENT NO.1 TO THE MANAGER,
FINANCE DEPARTMENT OF THE RESPONDENT
NO.1
EXHIBIT P36TRUE COPY OF THE PAYMENT DETAILS
ISSUED BY RESPONDENT NO.1 TO THE
PETITIONER DATED 18.06.2022

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`EXHIBIT P37`	`TRUE COPY OF THE LAWYER NOTICE DATED` `07.07.2022 SENT TO THE RESPONDENT NO.1`
`EXHIBIT P38`	`TRUE COPY OF THE STATEMENT DATED` `26.10.2022 SUBMITTED BY THE COUNSEL` `FOR THE RESPONDENT NO.1 IN W.P(C) NO,` `8935/2022`
`EXHIBIT P39`	`TRUE COPY OF THE PROCEEDINGS OF THE` `CHAIRMAN & MANAGING DIRECTOR DATED` `19.10.2022`
`EXHIBIT P40`	`TRUE COPY OF THE DEMAND NOTICE DATED` `21.10.2022`
`EXHIBIT P41`	`TRUE COPY OF THE COMMUNICATIONS ISSUED` `BY THE ASSISTANT DEPOT MANAGER,` `ATTINGAL DATED 19.09.2020 TO THE` `MARKETING/ PURCHASE MANAGER, SUPPLY CO` `HEAD OFFICE`
`EXHIBIT P42`	`TRUE COPY OF THE COMMUNICATIONS ISSUED` `BY THE DEPOT MANAGER NEDUMANGAD DATED` `15.09.2020 TO THE MARKETING/ PURCHASE` `MANAGER, SUPPLY CO HEAD OFFICE`
`EXHIBIT P43`	`TRUE COPY OF THE RECEIPT ISSUED BY THE` `ATTINGAL DEPOT DATED 23.10.2020` `TOWARDS REPACKING CHARGES SPENT BY THE` `PETITIONER`
`EXHIBIT P43(A)`	`P43(A) - TRUE COPY OF THE RECEIPT` `ISSUED BY THE NEDUMANGADU DEPOT DATED` `23.10.2020 TOWARDS REPACKING CHARGES` `SPENT BY THE PETITIONER`
`EXHIBIT P43 (B)`	`TRUE COPY OF THE RECEIPT ISSUED BY THE` `THIRUVANANTHAPURAM DEPOT DATED` `23.10.2020 TOWARDS REPACKING CHARGES` `SPENT BY THE PETITIONER`
`EXHIBIT 43(C)`	`TRUE COPY OF THE RECEIPT ISSUED BY THE` `KOLLAM DEPOT DATED 07.11.2020, TOWARDS`

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REPACKING CHARGES SPENT BY THE
PETITIONER

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EXHIBIT P44TRUE COPY OF THE HEARING NOTICE DATED
27.01.2023 SENT BY THE RESPONDENT NO.1

¶139

EXHIBIT P45TRUE COPY OF THE EMAIL DATED
28.01.2023 SENT BY THE PETITIONER
EXHIBIT P46TRUE COPY OF THE ORDER DATED
23.02.2023 ISSUED BY THE CHAIRMAN AND
MANAGING DIRECTOR OF THE RESPONDENT
NO.1

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APPENDIX OF WP(C) 8935/2021

¶143

PETITIONER EXHIBITS

¶144

`EXHIBIT P1`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8084 DATED 30.07.2020 FOR THE` `MONTH OF JULY 2020 ISSUED BY THE` `RESPONDENT TO THE PETITIONER.`
`EXHIBIT P1(A)`	`TRUE COPY OF THE ANNEXURE I SHOWING` `THE SCHEDULE OF SUPPLY TO DIFFERENT` `DEPOTS FOR THE MONTH OF JULY 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO.MKT/8084.`
`EXHIBIT P1(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE MONTH OF JULY 2020 ISSUED` `BY THE RESPONDENT TO THE PETITIONER` `ALONG WITH PURCHASE ORDER NO.MKT/8084.`
`EXHIBIT P2`	`TRUE COPY OF THE LETTER DATED` `22.07.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P3`	`TRUE COPY OF THE EMAIL DATED` `22.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P4`	`TRUE COPY OF THE EMAILS DATED` `23.07.2020 ISSUED BY THE RESPONDENT`
`EXHIBIT P5`	`TRUE COPY OF THE QUOTATION DATED` `23.07.2020 SUBMITTED BY THE PETITIONER`
`EXHIBIT P6`	`TRUE COPY OF THE EMAIL DATED` `24.07.2020 SENT BY THE PETITIONER WITH` `MODIFIED RATES OF JAGGERY`
`EXHIBIT P7`	`TRUE COPY OF THE COMMUNICATION DATED` `25.07.2020 CONFIRMING THE QUOTATION` `FOR JAGGERY`
`EXHIBIT P8`	`TRUE COPY OF THE PURCHASE ORDER`

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	`NO.MKT/8063 DATED 27.07.2020,FOR THE` `SUPPY OF ONAM KIT 2020 ISSUED BY THE` `RESPONDENT TO THE PETITIONER.`
`EXHIBIT P8(A)`	`TRUE COPY OF ANNEXURE I SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF ONAM KIT 2020 ISSUED` `BY THE RESPONDENT TO THE PETITIONER.`
`EXHIBIT P8(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST OF THE SUPPLY OF ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER.`
`EXHIBIT P9`	`TRUE COPY OF THE LETTER DATED` `28.07.2020 ISSUED BY THE PETITIONER.`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER DATED` `29.07.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P11`	`TRUE COPY OF THE LETTER DATED` `04.08.2020 ISSUSED BY THE RESPONDENT.`
`EXHIBIT P12`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8099 DATED 04.08.2020 ISSUED BY` `THE RESPONDENT TO THE PETITIONER FOR` `THE SUPPLY OF 4,67,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P12(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF SUPPLY TO DIFFERENT DEPOTS` `FOR THE SUPPY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER ALONG WITH PURCHASE ORDER` `NO.MKT/8099.`
`EXHIBIT P12(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 4,67,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER.`

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`EXHIBIT P13`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8111 DATED 07.08.2020,FOR THE` `SUPPLY OF 10,00,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020.`
`EXHIBIT P13(A)`	`TRUE COPY OF THE ANNEXURES SHOWING THE` `SCHEDULE OF 10,00,000 KG OF SUGARCANE` `JAGGERY FOR ONAM KIT 2020 ALONG WITH` `PURCHASE ORDER NO.MKT/8111.`
`EXHIBIT P13(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST FOR THE SUPPLY OF 10,00,000 KG OF` `SUGARCANE JAGGERY FOR ONAM KIT 2020` `ISSUED BY THE RESPONDENT ALONG WITH` `PURCHASE ORDER NO.MKT/8111.`
`EXHIBIT P14`	`TRUE COPY OF THE ORDER DATED` `26.08.2020 OF THE RESPONDENT.`
`EXHIBIT P15`	`TRUE COPY OF THE NOTICE DATED` `27.08.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P16`	`TRUE COPY OF THE REPLY DATED` `03.09.2020 SUBMITTED BY THE` `PETITIONER.`
`EXHIBIT P17`	`TRUE COPY OF THE ORDER DATED` `14.09.2020 OF THE RESPONDENT.`
`EXHIBIT P18`	`TRUE COPY OF THE ORDER DATED` `22.10.2020 ISSUED BY THE RESPONDENT.`
`EXHIBIT P19`	`TRUE COPY OF THE JUDGMENT DATED` `04.11.2020 IN W.P(C)NO.23285 OF 2020.`
`EXHIBIT P20`	`TRUE COPY OF THE EMAIL DATED` `06.04.2021 OF THE PETITIONER`
`EXHIBIT P20(A)`	`TRUE COPY OF THE PRICELIST OF THE` `PRODUCTS INTENDED TO BE SUPPLIED` `ATTACHED ALONG WITH EXT.P20 EMAIL`
`EXHIBIT P21`	`TRUE COPY OF EMAIL DATED 11.11.2020`

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SENT BY THE PETITIONER

¶154

`EXHIBIT P21(A)`	`TRUE COPY LETTER DATED 11.11.2020` `ATTACHED ALONG WITH EXT.P21 EMAIL`
`EXHIBIT P22`	`TRUE COPY OF THE EMAIL 23.11.2020 OF` `THE PETITIONER`
`EXHIBIT P22(A)`	`TRUE COPY OF THE PRICELIST ATTACHED` `ALONG WITH EXT.P22 EMAIL`
`EXHIBIT P23`	`TRUE COPY OF THE HEARING NOTICE DATED` `15.12.2020 ISSUED BY THE RESPONDENT TO` `THE PETITIONER`
`EXHIBIT P24`	`TRUE COPY OF THE WRITTEN SUBMISSION` `DATED 21.12.2020 PLACED BEFORE THE` `RESPONDENT`
`EXHIBIT P25`	`TRUE COPY SHOW CAUSE NOTICE DATED` `09.02.2021 ISSUED BY THE RESPONDENT`
`EXHIBIT P26`	`TRUE COPY OF THE REPLY DATED` `03.03.2021 OF THE PETITIONER`
`EXHIBIT P27`	`TRUE COPY OF THE EMAIL DATED` `19.03.2021 OF THE PETITIONER`
`EXHIBIT P27(A)`	`TRUE COPY OF THE PRICE LIST ATTACHED` `ALONG WITH EXT.P27 EMAIL`
`EXHIBIT P28`	`TRUE COPY OF THE REPRESENTATION DATED` `22.03.2021 OF THE PETITIONER`
`EXHIBIT P29`	`TRUE COPY OF THE REPLY DATED` `29.03.2021 ISSUED BY THE RESPONDENT`
`EXHIBIT P30`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8828 DATED 30.03.2021 FOR THE` `MONTH OF MARCH 2021 ISSUED BY THE` `RESPONDENT TO THE PETITIONER.`
`EXHIBIT P30(A)`	`TRUE COPY OF THE ANNEXURES ALONG WITH`

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	`PURCHASE ORDER NO.MKT/8828 SHOWING THE` `SCHEDULE OF SUPPY TO DIFFERENT DEPOTS` `FOR THE SUPPLY OF PETITIONER'S` `PRODUCTS`
`EXHIBIT P30(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST ISSUED BY THE RESPONDENT TO` `PETITIONER`
`EXHIBIT P31`	`TRUE COPY OF THE LETTER DATED` `22.08.2019 COMMUNICATING THE ORDER OF` `THE CHAIRMAN AND MANAGING DIRECTOR OF` `THE RESPONDENT TO INCLUDE THE` `PETITIONER IN THE CCIS (CENTRALLY` `CONSOLIDATED INTENDING SYSTEM)PURCHASE`
`EXHIBIT P32`	`TRUE COPY OF THE EXTRACT OF THE EXCEL` `STATEMENT SHOWING THE AMOUNT DUE TO` `THE PETITIONER FROM THE RESPONDENT.`
`EXHIBIT P33`	`TRUE COPY OF THE EMAIL DATED` `09.04.2021 OF THE PETITIONER TO THE` `RESPONDENT.`
`EXHIBIT P33(A)`	`TRUE COPY OF THE LETTER DATED` `09.04.2021 OF THE PETITIONER TO THE` `RESPONDENT.`
`EXHIBIT P33(B)`	`TRUE COPY OF THE PRICE LIST OF JAGGERY` `FOR THE MONTH OF APRIL.`
`EXHIBIT P34`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8912 DATED 07.05.2021 OF` `JAGGERY FOR THE MONTH OF MAY 2021` `ISSUED BY THE RESPONDENT TO THE` `PETITIONER.`
`EXHIBIT P34(A)`	`TRUE COPY OF THE ANNEXURES ALONG WITH` `PURCHASE ORDER NO.MKT/8912 SHOWING` `THE SCHEDULE OF SUPPLY TO DIFFERENT` `DEPOTS FOR THE SUPPLY OF PETITIONER’S` `PRODUCTS.`

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`EXHIBIT P34(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST ISSUED BY THE RESPONDENT TO` `PETITIONER`
`EXHIBIT P35`	`TRUE COPY OF THE PURCHASE ORDER` `NO.MKT/8942 DATED 21.05.2021 OF` `JAGGERY FOR THE MONTH OF MAY 2021` `ISSUED BY T HE RESPONDENT TO THE` `PETITIONER.`
`EXHIBIT P35(A)`	`TRUE COPY OF THE ANNEXURES ALONG WITH` `PURCHASE ORDER NO.MKT/8942 SHOWING` `THE SCHEDULE OF SUPPLY TO DIFFERENT` `DEPOTS FOR THE SUPPLY OF PETITIONER’S` `PRODUCTS.`
`EXHIBIT P35(B)`	`TRUE COPY OF THE DEPOT WISE PURCHASE` `COST ISSUED BY THE RESPONDENT TO` `PETITIONER`
`EXHIBIT P36`	`TRUE COPY OF THE EMAIL DATED` `01.06.2021 OF THE PETITIONER TO THE` `RESPONDENT.`
`EXHIBIT P36(A)`	`TRUE COPY OF THE PRICELIST OF THE` `PETITIONER FOR THE MONTH OF JUNE 2021.`
`EXHIBIT P37`	`TRUE COPY OF THE EMAIL DATED` `14.06.2021 ISSUED BY THE RESPONDENT TO` `THE PETITIONER.`
`EXHIBIT P37(A)`	`TRUE COPY OF THE INDENT SUMMARY ISSUED` `BY THE RESPONDENT TO THE PETITIONER.`
`EXHIBIT P38`	`TRUE COPY OF THE COMMUNICATION DATED` `08/12/2020 ISSUED BY THE MANAGER, FMCG` `OF THE RESPONDENT TO THE MANAGER,` `FINANCE DEPARTMENT OF THE RESPONDENT.`
`EXHIBIT P39`	`TRUE COPY OF THE PAYMENT DETAILS DATED` `18/06/2022 ISSUED BY RESPONDENT TO THE` `PETITIONER.`

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EXHIBIT P40TRUE COPY OF THE LAWYER NOTICE DATED
07/07/2022 SENT TO THE RESPONDENT.

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RESPONDENTS EXHIBITS

¶165

ANNEXURE R1(a)THE TRUE COPY OF PROCEEDINGS DATED
19.10.2022 OF THE CHAIRMAN AND
MANAGING DIRECTOR OF THE RESPONDENT.
ANNEXURE R1(b)THE TRUE COPY OF THE DEMAND NOTICE
DATED 21.10.2022 ISSUED BY THE MANAGER
(FMCG) OF THE RESPONDENT TO THE
PETITIONER.

Konuparamban Traders v. the Kerala State Civil Supplies Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Konuparamban Traders v. the Kerala State Civil Supplies Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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