IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21917 of 2011(L) -------------------------- PETITIONER(S): ----------------------- M/S.STAR GATE TRAVEL BUREAU T.C.-9/2519-2,NEAR INDIRA BHAVAN,VELLAYAMBALAM TRIVANDRUM-695010 REP.BY ITS PROPRIETOR, MUHAMMED JALEEL K.E BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM RESPONDENT(S): ------------------------ 1. THE SECRETARY TO THE GOVERNMENT MINISTRY OF OVERSEAS INDIAN AFFAIRS, GOVERNMENT OF INDIA, AKBAR BHAVAN, SATYA MARG, CHANKAYAPURI NEW DELHI-110021 2. THE PROTECTOR GENERAL OF EMIGRANTS, O/O.THE PROTECTOR GENERAL OF EMIGRANTS AKBAR BHAVAN, STYA MARG, CHANAKYAPURI, NEW DELHI-110021 3. THE INDIAN OVERSEAS BANK, P.B.NO-282,Y.W.C.A.BUILDING, M.G.ROAD, TRIVANDRUM-695001 REP.BY ITS CHIEF MANAGER 4. THE SOUTH INDIAN BANK LTD, TRIVANDRUM MAIN BRANCH, SPENCER JUNCTION TRIANDRUM-695039 REP.BY ITS CHIEF MANAGER ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1,2 SRI.P.B.SURESH KUMAR, SC FOR R3 SRI.K.K.JOHN, SC FOR R4 SRI.SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21917/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 28.3.2011. EXT.P2: TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY 2ND RESPONDENT DATED 10.5.2011. EXT.P3: TRUE COPY OF THE REPLY ISSUED BY THE PETITIONER DATED 23.5.2011. EXT.P4: TRUE COPY OF THE ORDER OF 2ND RESPONDENT DATED 29.7.11. EXT.P5: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.2960 OF 2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 21917 OF 2011 ===================== Dated this the 11th day of August, 2011 J U D G M E N T The grievance of the petitioner is that by Ext.P4, the bank guarantee furnished by them for obtaining licence under the Emigration Act as a Recruiting Agency is ordered to be invoked. 2. According to the petitioner, he was granted licence under the Emigration Act. On the allegation that the CBI registered a case and that the petitioner was arrayed as an accused in the said case, his registration was cancelled, which was confirmed in an appeal by Ext.P1 order. Subsequently, he was issued Ext.P2 show cause notice asking him to show cause why in view of Ext.P1, the Bank guarantee furnished for obtaining licence shall not be invoked. Petitioner filed Ext.P3 reply, but however Ext.P4 order has been issued by the 2nd respondent requesting the respondents 3 and 4 to invoke the bank guarantee furnished by the petitioner. 3. Ext.P4 order is dated 3/8/2011 and according to the petitioner the same was served on him on 6/8/2011. His grievance is that although under Section 23(d) of the Emigration Act, Ext.P4 WPC No. 21917/11 :2 : is an appealable order, before the expiry of the appellate period of 30 days, the amount is likely to be paid. It is in these circumstances the writ petition is filed. 4. I heard the standing counsel appearing for respondents 1 and 2 and also respondents 3 and 4. 5. If as stated by the petitioner, Ext.P4 order is appealable, I see no reason why the status quo as on date shall not be maintained until atleast the period for filing appeal expires. In that view of the matter, in order to enable the petitioner to seek his appellate remedies before the 1st respondent and also to obtain appropriate interlocutory orders safeguarding its interest, I direct that status quo as on date in so far as invocation of bank guarantee shall be maintained by the respondents until the expiry of 30 days from 3/8/2011, the date of Ext.P4 order of the 2nd respondent. This shall be subject to the condition that the Bank guarantee shall be kept alive in the meanwhile. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp