IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 OP.No. 2373 of 1999(G) --------------------------------- PETITIONER: -------------------- ASIAN PAINTS (INDIA) LIMITED AN EXISTING COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 'NIRMAL', 5TH FLOOR, NARIMAN POINT, AP.B.NO.11701, MUMBAI – 400 021. AND A BRANCH INTER ALIA AT P.K.V.COMPLEX, PANDIT KARUPPAN ROAD, COCHIN – 36, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.B.S.KRISHNAN (SR.) RESPONDENTS: ------------------------ 1. DIRECTOR OF LEGAL METROLOGY, MINISTRY OF FOOD, GOVERNMENT OF INDIA, DEPARTMENT OF CONSUMER AFFAIRS, 12-A JAMNAGAR HOUSE, NEW DELHI. 2. CONTROLLER OF LEGAL METROLOGY, THIRUVANANTHAPURAM. 3. INSPECTOR OF LEGAL METROLOGY, OFFICE OF THE INSPECTOR OF LEGAL METROLOGY, ERNAKULAM, KAKKANAD. BY GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN BY SRI.K.M.JAMALUDHEEN, CGC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/01/2008 ALONG WITH OP NO. 2382 OF 1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.4031/1999 IN O.P.NO.2373/1999 G DISMISSED 30/01/2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF AFFIDAVIT FILED IN WRIT PETITION NO.30515/97 FILED BY THE PETITIONER BEFORE THE HON'BLE HIGH COURT OF KARNATAKA. EXT.P2: COPY OF ORDER DTD. 13/11/97 OF HON'BLE HIGH OOURT OF KARNATAKA GRANTING INTERIM STAY TO THE PETITIONER. EXT.P3: COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF REPLY DTD. 30/11/1998 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P5: COPY OF REPRESENTATION DTD. 22/12/1998 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF LETTER DTD. 18/01/1999 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P7: COPY OF CIRCULAR MEMO DTD. 10/08/94. EXT.P8: COPY OF ARTICLE PUBLISHED IN THE ECONOMIC TIMES, DTD. 22/11/93 BY THE JOINT DIRECTOR OF WEIGHTS AND MEASURES, (RETD.), MAHARASHTRA. /TRUE COPY/ P.A.TO JUDGE Kss K. M. JOSEPH, J. ---------------------------------- O.P NOS. 2373/99G & 2382/99H OF 2006 ----------------------------------- Dated this the 30th January, 2008 JUDGMENT In these two Original Petitions, the petitioner calls in question the show cause notice issued to the petitioner as also the subsequent communication as per which the petitioner is asked to provide the Authorities with the addresses of the Directors, so that prosecution can be launched. Counsel for petitioner submits that the petitioner may be permitted to compound the offences. Learned Government Pleader does not oppose this prayer. In such circumstances, the Original Petitions are disposed of permitting the petitioner to compound the offences. Accordingly, petitioner is given one month's time from today for compounding the offences. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NOS. 2373/99G & 2382/99 H JUDGMENT 30th January, 2008.