IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929 WP(C).No. 9012 of 2004(W) --------------------------------- PETITIONER: ---------------- UNIVERSAL GLOVES PVT.LTD., 35/2566, JANATHA ROAD, PALARIVATTOM, REP. BY ITS DIRECTOR SRI.K.G. MATHEW. BY ADV. SRI.V.M.KURIAN SRI.A.V.THOMAS SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ------------------ 1. KERALA STATE INDUSTRSIAL DEVELOPMENT CORPORATION LTD., KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM-3, REP. BY ITS GENERALA MANAGER & SECRETARY. 2. BOARD FOR INDUSTRIAL & FINANCIAL RECONSTRUCTION, GOVT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, JAAWAHAR VYAPAR BHAVAN, 1, TOLSTOY MARG, NEW DELHI-110 001. BY ADV. SRI.M.PATHROSE MATHAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C0 NO.9012/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE LETTER DT. 13.5.03 ISSUED BY THE BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION, NEW DELHI TO THE PETITIONER. EXT.P2:- COPY OF THE NOTICE DT. 11.2.04 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3:- COPY OF THE REPLY DT. 28.2.04 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH J. ---------------------------------------------- W.P.(C) No.9012 of 2004 ---------------------------------------------- Dated 9th August, 2007. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent not to proceed with Ext.P2 notice till the completion of the proceedings pending before the BIFR”. It is not disputed that the proceedings are still pending before the BIFR. Therefore, the writ petition is disposed of making it clear that as against the petitioner, further recovery pursuant to Ext.P2 shall be taken only after the disposal of the matter before the BIFR. KURIAN JOSEPH, JUDGE. tgs