M/S.Overseas Industries v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 30337 of 2012 (N) -------------------------------------- PETITIONER(S):

----------------------- M/S.OVERSEAS ENTERPRISES, 2263/68, ROOM NO.11, GALI RAGUNANDAN, NAYA BAZAR, DELHI - 110 006, REPRESENTED BY ITS PROPRIETOR, MAHENDRA KUMAR KUNDALIYA.

BY ADVS.SRI.P.RADHAKRISHNAN SRI.MADHU RADHAKRISHNAN SRI.M.D.JOSEPH SRI.NELSON JOSEPH RESPONDENT(S):

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

1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMERCE, UDYOG BHAVAN, NEW DELHI - 110 001.

2. PORT HEALTH OFFICER, PORT HEALTH ORGANISATIN (GOVT.OF INDIA), WILLINGDON ISLAND, COCHIN - 9.

BY SRI.N.NAGARESH, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 30337 of 2012 (N) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT-P1 TRUE COPY OF THE COMMERCIAL INVOICE ISSUED BY THE EXPORTER M/S.ISHANA EXPORTS (PVT) LTD. DATED 27.10.2012. EXT-P2 TRUE COPY OF THE CERTIFICATE OF ORIGIN ISSUED BY THE EXPORTER M/S ISHANA EXPORTS (PVT) LTD AND CERTIFICATE BY THE DEPARTMENT OF COMMERCE COLOMBO DATED 27.10.2012.

EXT-P3 TRUE COPY OF THE BILL OF ENTRY DATED 14-11-2012. EXT-P4 TRUE COPY OF THE IMPORT RELEASE ORDER ISSUED BY THE PLANT PROTECTION OFFICER UNDER THE PLANT QUARANTINE (REGULATION OF IMPORT INTO INDIA) 2003, DATED 21-11-2012.

EXT-P5 TRUE COPY OF THE REPORT OF THE FOOD ANALYST DATED 6-12-2012. EXT-P6 TRUE COPY OF THE EXAMINATION ORDER DATED 14-11-2012. EXT-P7 TRUE COPY OF THE CERTIFICATE DATED 26-10-2012 ISSUED BY THE PLANT QUARANTINE STATION, COLOMBO.

EXT-P8 TRUE COPY OF FUMIGATION CERTIFICATE DATED 27-10-2012. EXT-P9 TRUE COPY OF THE ORDER DATED 7-4-2010 IN WP(C)12314/2010. EXT-P9(a) TRUE COPY OF THE INTERIM ORDER DATED 3-8-2009 IN WP(C)21401/2009. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 30337 of 2012 -------------------------------------------------- Dated this the 4th day of February, 2015

J U D G M E N T

The learned counsel for the petitioner submitted that on the basis of the interim order already passed, the commodities were released to the petitioner and further orders are not required.

In the light of the submission, the writ petition is closed.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-