IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 23299 of 2005(W) -------------------------- PETITIONER: ------------ M/S.GODREJ & BOYCE MFG.CO.LTD., 38/1217,M.G.ROAD,COCHIN-35,REPRESENTED BY ITS BRANCH COMMERCIAL MANAGER AND AUTHORISED SIGNATORY,GEORGE C.JOHN. BY ADV. SRI.V.P.SUKUMAR SRI.TOMSON T.EMMANUEL RESPONDENTS: ------------- 1. THE INTELLIGENCE INSPECTOR, SQUAD NO.II,COMMERCIAL TAXES, PALAKKAD. 2. THE INTELLIGENCE OFFICER, SQUAD NO.II,COMMERCIAL TAXES, PALAKKAD. 3. THE MANAGER,CENTRAL BANK OF INDIA, VIKHROLI BRANCH,MUMBAI. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 23299 OF 2005 W ```````````````````````````````````````````````````` Dated this the 14th day of August, 2008 J U D G M E N T Petitioner has approached this Court being aggrieved by Ext.P12. By Ext.P12, the intelligence officer has issued a communication to the Manager of the Central Bank of India, the 3rd respondent, to forward the D.D. for the amount covered by the bank guarantee at the earliest otherwise the matter has been reported to the Banking Ombudsman. Case of the petitioner in brief is as follows. Petitioner is a company which despatched compressors after repair from Maharashtra by Exts.P1 and P2. Ext.P3 notice was issued directing security. Petitioner remitted the amounts under protest. Ext.P4 dated 4.6.2004 is issued by the 2nd respondent asking the petitioner to appear on 14.6.2004, with books of account and later the hearing was adjourned to 9.7.2004. On 1.7.2004 the 2nd respondent again directed the 3rd respondent to renew the bank guarantee for one year. It was renewed by Ext.P8 letter. Thereafter, on 9.7.2004, according to the petitioner, he appeared before the 2nd respondent as directed in Ext.P5 and WPC.23299/08 : 2 : the 2nd respondent verified the books of account and at the time of hearing, the petitioner submitted Ext.P7 letter explaining the details of goods detained by Ext.P3. The 2nd respondent again issued Ext.P9 notice directing the petitioner to appear before him on 8.7.2005 with books of account. On the same day, the 2nd respondent issued Ext.P10 directing the 3rd respondent to renew the bank guarantee which was duly complied with as evident by Ext.P13. Petitioner filed Ext.P7 reply to the 2nd respondent pointing out that he had appeared before him on 9.7.2004 with books of account and that if any more clarification is required, he is willing to provide the same on getting information in that regard. It is while so, Ext.P12 letter is issued. 2. When the matter came up today, learned Government Pleader, on instructions, submits that by mistake an order came to be passed on 4.6.2004 without noticing that the petitioner had been called upon to appear on 9.7.2004 vide Ext.P5 notice. Learned Government Pleader also submits that the said order was not communicated and a fresh order will be passed. In such circumstances, Ext.P12 is quashed and there will be a direction to WPC.23299/08 : 3 : the 2nd respondent to consider the matter and take a decision in accordance with law, after affording an opportunity for hearing to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. I am not pronouncing on the contention relatable to prayer No.(ii) and I leave it open. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE