IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23549 of 2011(P) -------------------------- PETITIONER(S): --------------- M/S.STAR GATE TRAVEL BUREAU, T.C.9/2519-2, NEAR INDIRA BHAVAN, VELLAYAMBALAM, TRIVANDRUM-695010. REPRESENTED 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- 110 021. 2. THE PROTECTOR GENERAL OF EMIGRANTS, OFFICE OF THE PROTECTOR GENERAL OF EMIGRANTS, AKBAR BHAVAN, SATYA MARG,CHANKAYAPURI, NEW DELHI- 110 021. 3. THE INDIAN OVERSEAS BANK, P.B.NO.282, Y.W.C.A. BUILDING, M.G.ROAD, TRIVANDRUM-695001, REPRESENTED BY ITS CHIEF MANAGER. 4. THE SOUTH INDIAN BANK LTD., TRIVANDRUM MAIN BRANCH, SPENCER JUNCTION, TRIVANDRUM-695039. REPRESENTED BY ITS CHIEF MANAGER. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 SRI.LEO GEORGE,SC,INDIAN OVERSEAS BANK FOR R3 SRI.K.K. JOHN, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23549 of 2011 APPENDIX EXHIBITS EXT.P1- THE TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 28.3.11 EXT.P2- THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY 2ND RESPONDENT DATED 10.5.11 EXT.P3- THE TRUE COPY OF THE REPLY ISSUED BY THE PETITIONER DATED 23.5.11 EXT.P4- THE TRUE COPY OF THE ORDER OF 2ND RESPONDENT DATED 29.7.11 EXT.P5- THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 11.8.11 IN W.P.(C).21917 OF 2011 EXT.P6- THE TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 20.8.11 FILED BY THE PETITIONER BEFORE RESPNDENT NO.1 EXT.P7- THE TRUE COPY OF APPLICATION FOR STAY DATED 20.8.11 BEFORE THE RESPONDENT NO.1 EXT.P8- THE TRUE COPY OF THE POST RECEIPT DATED 20.8.11 EXT.P9- THE TRUE COPY OF THE DEMAND DRAFT DATED 20.8.11 EXT.P10- THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C).2960 OF 2008. (True copy) P.A. To Judge ANTONY DOMINIC, J .......................................... W.P.(C). 23549/2011 .......................................... Dated this the 31st day of August, 2011 JUDGMENT Petitioner is a registered recruiting agent who has been issued registration certificate No.3802/KER/PER/1000 + 3/6100/2003 dated 1.6.1993, under the provisions of the Emigration Act, 1983. As a condition for obtaining the said registration certificate, he has furnished two bank guarantees issued by respondents 3 and 4, the value of which is 5 Lakhs each. 2. The proprietor of the petitioner is an accused in C.C.No.1/2009 charge sheeted by the Central Bureau of Investigation, Kochi Unit and the proprietor is now enlarged on bail. This led to an order by the second respondent cancelling the registration certificate issued to the petitioner. The said order was confirmed by the appellate authority by order dated 28.3.2011, a copy of which is Ext.P1. 3. Thereafter, Ext.P2 show cause notice was issued to the petitioner proposing to invoke the bank guarantee and Ext.P3 reply was filed by the petitioner. However, by Ext.P4 order W.P.(C).23549/11 2 passed by the second respondent, the bank guarantee was ordered to be invoked. 4. After the order was passed, apprehending immediate invocation of the bank guarantee, without allowing the petitioner even to file the statutory appeal, he filed W.P.(C). 21917/2011 before this Court. That writ petition was disposed of by Ext.P5 judgment dated 11.8.2011 directing that status quo shall be maintained until the appeal period of 30 days expires from the date of Ext.P4. 5. In the meanwhile, petitioner filed Ext.P6 appeal and Ext.P7 stay petition. It is the specific case of the petitioner that despite their best efforts, the appellate authority could not be persuaded to consider the appeal or the stay petition so far. It is stated that in the meanwhile, the bank guarantee is likely to be invoked and with this grievance to avoid invocation of bank guarantee, the writ petition is filed. 6. Heard the learned Standing Counsel for respondents as well. W.P.(C).23549/11 3 7. From the aforesaid pleadings, it is evident that Ext.P6 appeal and Ext.P7 stay petition filed by the petitioner are pending consideration of the first respondent. At this stage therefore, I see no reason why the bank guarantee should be invoked. 8. Therefore, I direct that the first respondent shall dispose of Ext.P6 appeal, with notice to the petitioner and, as expeditiously as possible, at any rate, within three months of receipt of a copy of this judgment along with a copy of the writ petition. It is directed that, subject to the petitioner keeping the bank guarantee alive, status quo as on date in so far as the invocation of the bank guarantee, shall be maintained until the appeal is disposed of. 9. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs