IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 22ND DECEMBER, 2010 / 1ST POUSHA, 1932 WA.No. 2092 of 2010 (AGAINST THE JUDGEMENT/ORDER IN WPC.30231/2010 Dated 03/12/2010) .................... APPELLANT(S): 4TH RESPONDENT -------------------------------------- MR.KURIAN.P.S, PULICKAPPANAPTU HOUSE, KOOTTUMUGHAM POST, SREEKANDAPURAM, KANNUR, PIN-670 631. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENTS(S): -------------------- 1. VYSHAK INTERNATIONAL HOTEL (P) LTD., HOSPITAL ROAD, PAYYANNUR-670 307, REPRESENTED BY MANAGING DIRECTOR. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, KANNUR. 4. ASSISTANT COMMISSIONER OF EXCISE, OFFICE OF THE ASSISTANT COMMISSIONER OF EXCISE, KANNUR. 5. MATHEW JOSEPH, MULLAKKAYIL HOUSE, ELAMDESAM P.O., THODUPUZHA-685 585. ADV. SRI.A.MOHAMED MUSTAQUE FOR R1 R2 TO R4 BY GOVT.PLEADER SRI.SANTHOSH KUMAR.K.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN,JJ. ---------------------------------------------------------- W.A.No. 2092 of 2010 --------------------------------------------------------- Dated this the 22nd day of December,2010 J U D G M E N T Ramachandran Nair,J: This appeal is filed against the judgment of the learned Single Judge directing the Excise Commissioner to consider the application for renewal of bar licence of the first respondent - hotel. The appellant's case is based on an interim order issued by the Company Law Board (for short 'the CLB') directing the respondents therein not even to hold meetings of the Board of Directors during the pendency of the petition before the CLB. However, today, the counsel for the first respondent produced the order of the CLB modifying the earlier order permitting the company to hold the Board and general meetings, but the decision taken therein will be subject to the result of the orders of the CLB. 2. In principle, we agree with the contention of the W.A.No.2092 of 2010 :-2-: appellant that the dispute, if any, among the members of the company or other matters relating to the company cannot be settled by the Excise Commissioner and it is for the CLB or company court to settle such dispute. However, since the first respondent is a limited company and since the company is running the hotel, the Commissioner is free to consider the application of the first respondent for renewal of bar licence subject to the satisfaction of all the conditions regarding the eligibility for renewal by the first respondent. If the licence is granted in the name of any person other than the company, then the same will be subject to the orders that are to be passed by the CLB. There will also be a direction to the CLB to expedite the disposal of dispute between the parties and pass final orders at the earliest. W.A.No.2092 of 2010 :-3-: The Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR, Judge. V.K.MOHANAN, Judge. MBS/ W.A.No.2092 of 2010 :-4-: