IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26852 of 2011(F) -------------------------------------- PETITIONER: ------------------- MAREENA TRADING & EXPORTS, REPRESENTED BY ITS MANAGING PARTNER XAVIER KUTTY, AGED 44 YEARS,S/O.K.J.JAMES, MEREENA ARCADE,PONAVAZHY CROSS ROAD, ELAMAKKARA P.O.,EDAPPALLY,KOCHY,KERALA -682 024 BY ADVS. SRI.R.HARIKRISHNAN, SMT.A.SINDHULAKSHMY. RESPONDENTS: ------------------------ 1. THE DEPUTY COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND,KOCHI-682 003. 2. THE MANAGER, STATE BANK OF INDIA, EDAPPALLY BRANCH,ERNAKULAM 682 024 3. SHANDONG PULP AND PAPER CO.LTD, JIAHUI INTERNATIONAL PLAZA NO.548 BEIYUAN STREET, JINAN CITY,SHANDONG PROVINCE, CHINA. 4. THE MANAGER, STATE BANK OF INDIA, TRADE FINANCE CPC,ERNAKULAM DOOR NO.1288 B- 1ST FLOOR,NH-47,VYTTILA,COCHIN,KERALA 682 019. 5. SONY JAMES, PARTNER,AGED 40, S/O.K.J.JAMES,RESIDING AT PUTHETHU VEEDU, KOTHAVARA P.O.,THALAYAZHAM VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT- 686 141. R1 BY SRI. TOJAN J. VTHIKULAM, S.C, R2 & R4 BY SRI. N. RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26852/2011-F: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE DEED OF PARTNERSHIP DTD. 01/12/2009. EXT.P.2: COPY OF THE LETTER OF CREDIT OBTAINED BY THE PETITIONER. EXT.P.3: COPY OF THE LETTER DTD. 20/09/11 BY THE PETITIONER TO THE R.3. EXT.P.4: COPY OF THE E-MAIL DTD. 21/09/2011 SENT BY THE R.3. TO THE PETITIONER. EXT.P.5: COPY OF THE LETTER SENT BY THE PETITIONER TO THE R.3. DTD. 21/09/11. EXT.P.6: COPY OF THE E-MAIL RECEIVED FROM THE R.3. TO THE PETITIONER. EXT.P.7: COPY OF THE E-MAIL RECEIVED FROM PETITIONER TO THE R.3. DTD 24/09/2011. EXT.P.8: COPY OF THE E-MAIL RECEIVED FROM THE R.3. DT.D 24/09/2011. EXT.P.9: COPY OF THE LETTER SENT BY THE PETITIONER TO THE R.1. DT. 22/09/11. EXT.P.10: COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND & 4TH RESPONDENTS DT. 22/09/11. EXT.P.11: COPY OF THE CHELAN NO.2001989760. EXT.P.12: COPY OF THE TEST REPORT DTD. 04/10/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 26852 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 12th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner says that they have imported certain goods from the third respondent on the strength of Ext.P2 letter of credit issued by respondents 2 and 4. It is the case of the petitioner that, on arrival, the goods were found to be defective. Thereupon, the petitioner sought permission of the first respondent for re-exporting the goods and Ext.P9 is the request made in that behalf. Orders have not been passed on Ext.P9 so far. This is one of the complaints in this writ petition. 2. When the matter was taken up, learned counsel for the petitioner confined his prayer to a direction to the first respondent to pass orders on Ext.P9. 3. I heard Standing Counsel appearing for the respondents also. W.P.(C) No.26852/2011 : 2 : 4. Since permission for re-exporting of the cargo mentioned in Ext.P9 has been sought by the petitioner, it is necessary that the first respondent should pass orders thereon. Having regard to the urgency pointed out, I direct the first respondent to pass orders on Ext.P9 within ten days from the date of production of a copy of this judgment. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/10 // True Copy // P.A. To Judge