Read More . change. Interact directly with CaseMine users looking for advocates in your area of specialization. 19. Referring to the earlier decision in the writ appeals, he submitted that after the matter attained its finality by way of dismissal of the writ petitions, it was incumbent on the part of the petitioner to respond to the show cause notices instead of dillydallying with the matter. 5. Before confirming, please ensure that you have thoroughly read and verified the judgment. Amidst the aforesaid developments, the show cause notices issued during 1985-87 and the impugned orders dated 31.10.2001 have not attained its finality till date. SHARMA, J. Copyright © 1996-2020 IndiaMART InterMESH Ltd. All rights reserved. Vs. Apart from the fact that to attract this principle in the given fact situation of the present case, the petitioner will have to show that prejudice was caused due to non-supply of the particular documents, it has been held above that the petitioner and for that matter their representatives were given enough opportunity to examine the records and to take Xerox copy of the documents as per their desire. This has been revealed on perusal of the records of the earlier writ proceedings. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. 1 in the present proceedings. Writ petitions are dismissed, leaving the parties to bear their own costs. 30. 48. Being aggrieved the respondents preferred writ appeals being W. A. Nos. However, the petitioner instead of complying with the said direction, submitted two more letters dated 19.12.97 and 24.2.98 asking for the copies of the 34 documents and thereafter maintained silence in the matter. It is the case of the petitioner that after the aforesaid order passed by this Court, they made a request to the respondents by their Annexure 10 letter 19.12.97 made a request for providing them with the documents as mentioned in their earlier letters dated 24.3.87,8.5.87 and 19.9.88. The petitioner reiterated their contention by appearing before the respondent No. We are also conscious of the general principle that pre-decisional hearing is better and should always be preferred to post-decisional hearing is better and should always be preferred to from Laws of Med, Laws of God also observed the rule of audi alteram partem. 2,51,58,639.30 with penalty of Rs. In the case of Bar Council of India Vs. High Court of Kerala, the Apex Court observed: "24. The Apex Court observed that the proceedings under Article 226 are not a substitute for an appeal. In view of the discussions made above, this case is also of no help to the case of the petitioner, rather would answer the question about the maintainability of the writ petition in the negative. 3.5/5 21. 1,00,0007- (first case); Rs. are parties wherein upon noticing a large number of decisions it was held: 29. In case of any confusion, feel free to reach out to us.Leave your message here. It is their further case that when the documents, sought for were not furnished, the petitioner by its letter dated 24.2.98 (Annexure-11) made a further request to furnish the documents. P.K.Goenka in 1982 in Assam, India. Amidst the writ proceedings initiated by the petitioners one after another, the first one being of 1987, the notices to show cause issued against the petitioner under Rule 233 A of the Central Excise Rules, 1944 and the actions initiated there under including the passing of the final order dated 31.10.2001 are yet to attain the finality. However, the petitioner assured of completion of examination of documents by 25.2.87 and furnishing of replies to the show cause notices by 7.3.87. The company’s in-house research and technology ensures not just consistency in product quality but also continuous improvements in products, processes, and application areas. civil rule no. 36. It was founded by Shri. 16. Be it stated here that although the petitioner have not enclosed any one of the show cause notices to the writ petitions, the learned counsel for the petitioner produced one of the show cause notices dated 9.10.85 addressed to the Company and the Group Chairman. 59767 197 and the same was disposed by order dated 19.12.97 of with the following order. ★★★★★ ★★★★★3.5 out of 5 VotesRated by 4 Buyers 2 on 14.3.2001 and the respondent No. Superintendent of Central Excise). The aforesaid show cause notices and the consequential action could not be finalized by the respondents in view of the interim order passed in the aforesaid writ proceedings to the effect that while the reassessment proceedings pursuant to the show cause notices could go on, but no final order would be passed. The decisions have been pressed into service to bring home the point of argument that because of non-furnishing of the particular documents, there was violation of the principles of natural justice and consequently the respondents could not have passed the impugned order exparte. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. GST 19AAACK8228P1ZW, | The petitioner did not comply with the same and informed the respondents by their telegram, dated 12.2.87 that the person concerned had fallen sick. Kitply Industries Limited is a Public incorporated on 26 August 1982. 41. In the communication, they also stated that due to long lapse of time (15 years), the proceedings should be dropped and the chapter be closedbeing barred for adjudication. At the first instance, the petitioners unsuccessfully contended that the show cause notices were without any jurisdiction and now has called in question, the impugned orders dated 31.10.2001 confirming the demand made to the petitioner. 28. As per the requirement of the said order, the petitioner was to be supplied with the photocopies of the documents, if not already supplied, and within 10 days thereafter the petitioner was to furnish the replies. In the writ appeals the finding recorded by the learned Single Judge that the impugned show cause notices were without jurisdiction was held to be an error. | 14. In the meantime, the respondents by their letter dated 3.12.86 asked the petitioner to examine the records immediately and filed their reply within 10 days. Pursuant to such search and seizure, the respondents issued show cause notices dated 9.10.85,9.4.87 and 9.10.85 with which the present writ proceedings are concerned. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. 650/1987; 856/1987 and 1072/1987 respectively. Kitply Industries Limited manufactures plywoods & boards, particle boards, veneer, sawn timber, timber logs, teak logs, tea-chests and laminates. Superintendent (Anti-Evasion)/ (Adjudication). On receipt of the impugned orders, the petitioner filed the instant writ petitions on 12.12.2001 and this Court, while issuing notices by orders dated 14.12.2001, kept open the question as to whether the writ petition should at all be entertained when a statutory remedy of appeal is available to the petitioner. While interpreting legal provisions a court of law cannot be unmindful of the hard realities of life. Thus, the rule that even if an alternative remedy is available to a party, but once the writ petition is admitted and pending for a considerable period of time, the plea of alternative remedy available to the party may get somewhat diluted is not available in the instant case. As per the principles underlying res-judicata and/or constructive res-judicata, any matter which might and ought to have been made ground of defence or attack in the former proceeding shall be deemed to have been a matter directly and substantially in issue in the former proceeding. Get detailed Kitply Industries Ltd. stock price news and analysis, Dividend, Bonus Issue, Quarterly results information, and more. According to the petitioner, although they were allowed inspection of voluminous records seized by the respondents, but the required 34 documents were not made available to them. Kitply is India's foremost manufacturer of plywood and blockboard. It was founded by Shri. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Such prayers made, were granted. India's leading Plywood brand, a household name, a trusted partner for the past three decades. The petitioner, a company registered under the Companies Act, 1956, represented by the petitioner No. 2 i.e. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. It was founded by Shri. They must yield to and change with existence of situation. 2★ Counsel for the petitioner placed reliance are primarily on the principle of prejudice being caused to the party against whom an adverse order is passed without furnishing the documents forming the basis of the order and the alternative remedy being not a bar to invoke the writ jurisdiction. A specific direction was issued to submit the show cause replies within 10 days thereafter. and Sinha, J.) It is also their case that, apart from these communications, they also made inquiries in the office from time to time for getting the documents and eventually by their letter dated 11.12.2000 enquired about the status of the proceeding. S.P.Goenka and Shri. The principles of natural justice, it is well settled, must not be stretched too far.". In the case of Whirlpool Corporation (supra), the Apex Court while reminding that the High Court exercising its power under Article 226 of the Constitution of India, has a discretion to entertain or not to entertain a writ petition and that the High Court has imposed upon itself certain restrictions, one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction, held that a writ petition can be maintained on the three principles mentioned in the case of Harbanslal Sangia (supra). Kitply Industries Ltd. Stock Price: Get the latest news & announcements of Kitply Industries Ltd., Kitply Industries Ltd. Balance Sheet, Kitply Industries Ltd. Shareholding pattern, Kitply Industries Ltd. Cash Flow, Stock Quotes, Market Cap, Charts, Annual Financial Statements, Dividend, Net Profit Margin, Return on Assets & Stock Quotes on Zee Business. It was founded by Shri. However, this time they made a further request for granting three months time for furnishing the replies to the show cause notices on completion of the examination of records. Grade: MR AND BWR GRADE. The company is engaged in manufacturing of decorative laminates, blockboard, plywood and adhesive for making furniture, interior designs and office furniture. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Additional Collector (TECH) Customs & Central Excise, Shillong To: 1. 11. Kitply Industries News and Announcements/notices, Live Kitply Industries corporate announcement on Deals, Bonus, Rights, Stock Splits, Dividends, Board Meetings, Quarterly Results on Moneycontrol. Noticing the fact that the petitioners' dealership came to be terminated for an irrelevant and non-existent cause, the Apex Court in that case observed that the rule of exclusion of writ jurisdiction on availability of an alternative remedy is a rule of discretion and not compulsion and that in an appropriate case the High Court may still exercise its writ jurisdiction in atleast three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental right; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is- challenged. On piecemeal basis respondents in their counter affidavit objectives with the plea in the instant,! 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