Mr. Sarma, learned CGSC, apart from the aforesaid submissions also seriously argued and raised the question of very maintainability of the writ petitions in view of there being alternative remedy by way of an appeal against the impugned orders. 168,169 and 170 of 1995 and the writ appeals were allowed by judgment and order dated 9.4.1997 as reported in 1997(2) GLT 01 Union of India & Ors. 650/1987, 856/1987 and 1072/1987 questioning the very authority and jurisdiction of the respondents to issue the show cause notices. 59767 197 and the same was disposed by order dated 19.12.97 of with the following order. 5976/ 1997, since the petitioner had already inspected and obtained the documents, there was no question of further supplying the same. 10,000,000. It was only thereafter the impugned order dated 31.10.2001 was passed. Noticing the fact that the petitioners' dealership came to be terminated for an irrelevant and non-existent cause, the Apex Court in that case observed that the rule of exclusion of writ jurisdiction on availability of an alternative remedy is a rule of discretion and not compulsion and that in an appropriate case the High Court may still exercise its writ jurisdiction in atleast three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental right; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is- challenged. "LIVE WITH WHAT YOU LOVE" Scroll through various home decor tips to find what you need. Its commitment to environment-friendliness, its high ethical standards in business dealings and its on-going efforts in community welfare programmes have won it acclaim as a responsible corporate citizen. 22. Khare, C.J. Vs. Sudarshan Ploywood Industries Ltd. 9. In 1997, Kitply Industries Ltd had set up an institute for land restoration and agro-forestry in collaboration with Indian Institute of Technology, Kharagpur. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. While interpreting legal provisions a court of law cannot be unmindful of the hard realities of life. Pursuant to such dismissal of the writ petitions, the respondents by their communications dated 5.6.97 and 6.6.97 (Annexure-4 and 5) requested the petitioner to furnish their reply to the show cause notices. It is the only plywood company that features in the list of Consumer Super Brands of India. 48. It was intimated that upon failure of the petitioner to do so, decision would be taken ex-parte. In India, Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. 5,00,0007- and Rs. P.K.Goenka in 1982 in Assam, India. Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. Kitply has also extended its services overseas to the Middle East, Nepal Bangladesh and Pakistan. 15. However, the petitioner assured of completion of examination of documents by 25.2.87 and furnishing of replies to the show cause notices by 7.3.87. The decisions on which Mr. Roy, learned Sr. The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. As regards the plea of non-furnishing of the copies of the 34 documents (26+8), the respondents have stated that in response to the request for supply of copies of the documents, the petitioner company was allowed to obtain the copies of replied upon documents. Please log in or sign up for a free trial to access this feature. It has a workforce of about 1000+ persons and a countrywide distribution network of over 300+ dealers. When the matter rested thus, the petitioner approached this Court by filing the aforesaid writ petitions being Civil Rule No. I am of the considered opinion that to exercise the writ jurisdiction in the given facts and circumstances of the case instead of augmenting the cause of justice, it will be a failure of justice and the abuse in the process of the court. In the writ appeals the finding recorded by the learned Single Judge that the impugned show cause notices were without jurisdiction was held to be an error. 32. In a given case the party should not only be required to show that he did not have a proper notice resulting in violation of principles of natural justice but also to show that he was seriously prejudiced thereby. In the case of Ajit Kumar Nag (supra), on which the learned counsel for the respondents placed reliance, the Apex Court dealing with the rule of audi alteram partem, observed thus: "44. Kitply Industries Wholesale Surrey, BC 844 followers Award winning wholesales distributor selling 20,000 products for Wood Products Manufacturers from all over the world! According to the respondents upon examinations of the records and documents so seized, revealed large scale illegalities committed by the petitioner's company and its Directors etc. 39. Since its inception, the company has been a trendsetter and important benchmark for the plywood and Blockboard industry in respect of its production processes. Our Network; Write To Us; 94324 94324; India's leading Plywood brand, a household name, a trusted partner for the past three decades. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. are parties wherein upon noticing a large number of decisions it was held: 29. We are also conscious of the general principle that pre-decisional hearing is better and should always be preferred to post-decisional hearing is better and should always be preferred to from Laws of Med, Laws of God also observed the rule of audi alteram partem. Vs. Sudarshan Plywood Industries Ltd. the petitioner never raised any grievance regarding alleged non-supply of documents. 20,00,0007- (third case) respectively. Since its inception in 1982, the company has been a trendsetter and important benchmark for the plywood and Blockboard industry in respect of its production processes. At the first instance the petitioner on the basis of the materials on record and with their clear understanding of the matter questioned the very jurisdiction of the authority to issue the show cause notices. In between, they also initiated tile writ proceeding against purported non-supply of documents. P.K.Goenka in 1982 in Assam, India. 13. Counsel assisted by Mr. K. Goswami, learned counsel appearing for the petitioner in all the three writ petitions in his painstaking arguments attacked the action of the respondents, which resulted in the impugned orders dated 31.10.2001. National Plywood Industries Limited, India’s premier manufacturer of plywood, block boards and flush doors, is synonymous with exceptional quality of products and unparalleled service to its distributors, dealers and customers alike. 26. They will depute suitable officers for this and ensure that the documents are taken and replaced by the officer who will be responsible for its safe custody. 2,41,45,194/-; Rs. Copyright © 1996-2020 IndiaMART InterMESH Ltd. All rights reserved. GST 19AAACK8228P1ZW, |
Get 1 point on adding a valid citation to this judgment. 41. The company’s in-house research and technology ensures not just consistency in product quality but also continuous improvements in products, processes, and application areas. Kitply Industries Limited manufactures plywoods & boards, particle boards, veneer, sawn timber, timber logs, teak logs, tea-chests and laminates. Mr. H. Roy, learned Sr. It was founded by Shri. Kitply has made significant contributions to the nation building process by way of quality products, services and sharing its expertise. Amidst the writ proceedings initiated by the petitioners one after another, the first one being of 1987, the notices to show cause issued against the petitioner under Rule 233 A of the Central Excise Rules, 1944 and the actions initiated there under including the passing of the final order dated 31.10.2001 are yet to attain the finality. The petitioner reiterated their contention by appearing before the respondent No.
It manufactures plywood and particle boards and markets them under the Kitply and Swastik brands. Kitply Kit 2000 MR and BWR Grade Block Board, Kitply Kitboard Gold BWP Grade Block Board, Kitply Kitboard Plus BWP Grade Block Board, Kitply Kitlam IG and EG Prelam Particle Board. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. University of Cambridge 18). 1 in the present proceedings. The question had been considered by a Bench of this Court in Sohan Lal Gupta Vs. Asha Devi Gupta of which two of us (V.N. It is the case of the petitioner that after the aforesaid order passed by this Court, they made a request to the respondents by their Annexure 10 letter 19.12.97 made a request for providing them with the documents as mentioned in their earlier letters dated 24.3.87,8.5.87 and 19.9.88. Mr. B. Sarma, learned Central Government Standing Counsel supporting the impugned action and the orders passed by the respondents submitted that the petitioner having been provided with all reasonable opportunity to get the documents either examined or to take copies of the same, the plea of non-supply of the documents is just to make out a case so as to absolve the petitioner from the liability to pay huge excise duty. Vs. The board of directors at its meeting held on May 30, 2013 has approved for the same. Click here to remove this judgment from your profile. According to the show cause notices, the petitioner has contravened the provisions of rule 9(1), read with 173f, 173b, 173c, 173 g (l) & (4) read with rule 53 and rule 226 of central excise rules, 1944 attracting the proviso of Sub-Section (1) of Section 11 A as regards recovery of duties short levied and short paid. In the meantime, the respondents by their letter dated 3.12.86 asked the petitioner to examine the records immediately and filed their reply within 10 days. 35. Founded in 2009, in her in-law's basement, Amrit grew the business from zero to $1 million in 14 months, and started with two products and grown to over 22,000 products. At the first instance, the writ petitions were allowed by the learned Single Judge. It was only after their unsuccessful first round of litigation, they come up with the plea before this Court. S.P.Goenka and Shri. 2 i.e. 1.9K likes. 29. Formerly the company was known as Sudarsan Plywood Industries Ltd. (SPI) This company was merged with another company namely Himalayan Plywood Industries (P) Ltd. (HPI) with effect from 1.9.85 and in terms of the scheme of amalgamation, all assets, rights and liabilities of the Himalayan Plywood Industries (P) Ltd. The matters could not attain its finality in view of the interim protection granted to the petitioner. JUNE 07, 2019. The question of maintainability of the writ petitions in view of the statutory remedy of appeal being available to the petitioner, was specifically kept open by orders dated 14.12.2001, by which notices were issued in all the three writ petitions. Kitply Industries Ltd: Kitply Industries Limited is the leading plywood manufacturing company in India with an employee total of 10000. In its first two years, Kitply expanded its operations twice and now … When the respondents allowed the petitioner to install their own Xerox machine in their office premises facilitating Xeroxing of the copies, it is hard to believe that they would have denied supply of only 34 documents out of the huge and voluminous records and documents.
In response to this communication, the petitioner by their Anenxure-8 letter dated 12.12.97 once again reiterated their stand of purported non-receipt of the documents and requested for supply of those documents. Amidst the aforesaid developments, the show cause notices issued during 1985-87 and the impugned orders dated 31.10.2001 have not attained its finality till date. Kitply Industries Limited It is inolved in Manufacture of products of wood, cork, straw and plaiting materials. 2 on 14.3.2001 and the respondent No. In the case of Gujarat Ambuja Cement (Supra), on which the learned counsel for the petitioner placed reliance, the Apex Court while observing that the power relating to alternative remedy has been considered to be a rule of self imposed limitation and that it is essentially a rule of policy, convenience and discretion and never rule of law, it is within the discretion of jurisdiction of the High Court to grant relief under Article 226 of the Constitution. Get detailed Kitply Industries Ltd. stock price news and analysis, Dividend, Bonus Issue, Quarterly results information, and more. However, it was provided in the interim order that the proceedings would go on, but no final order should be passed. Kitply Industries Ltd, Kolkata. |
The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. 24. 20. 7. The Apex Court further observed that though the matter relating to an alternative remedy has nothing to do with the jurisdiction of the case, normally the High Court should not interfere, if there is an adequate efficacious alternative remedy and that if some body approaches the High Court without availing the alternative remedy provided, the High Court should ensure that he has made out a strong case or that there exist good grounds to invoke the extra ordinary jurisdiction. Learned counsel for the petitioner as well as the respondents have placed reliance on the decision of the Apex Court in Harbanslal Sangia (supra). The company was combined in the year 1982 with an unbiased to become the country’s foremost manufacturer and supplier of wood veneer, general plywood, decorative plywood, block boards, adhesive, and decorative laminates. All the three writ petitions by and between the same parties, being based on same set of facts and the issue involved in all the three writ petitions being the same, they have been heard analogously and are being disposed of by this common judgment and order. Kitply Industries Ltd. (KITPLYIND) - Company History Promoted by S P Goenka, Kitply Industries (formerly Sudershan Plywood Industries) went public in Aug.'85. towards evasion ofhuge amount of duty were detected and on the basis of the same, the show cause notices were issued. The Apex Court observed that the proceedings under Article 226 are not a substitute for an appeal. From April 1989, the name of the company was changed from 'Sudershan Plywood Industries Ltd. to Kitply Industries Ltd.'. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. 41,35,714.07 with penalty of Rs. - The company has diversified into sugar manufacturing by setting up a 3500 tcd capacity sugar unit in western UP. Furnishing of documents also includes examination of records and taking extracts of the same if the records are voluminous. The requirements for preferring the appeals were also indicated in the letters. The above revelations give an impression that the petitioner all along wanted to delay the proceeding on this or that pretext and they are successful also inasmuch as the show cause notices issued during 1985-87 have not attained its finality, because of the writ proceedings, initiated by the petitioner way back in 1987. Became a public limited company on 1st April, 1985. 3★ The other decisions on which the learned counsel for the petitioner placed reliance are all on the question of violation of the principles of natural justice. S.P.Goenka and Shri. It has been stated "to do a great right" after all, it is permissible some time "to do a little wrong" (Per Mukherjee C. J. in Charan Lai Saho Vs. Union of India 19 Bhupal Gas Disaster) SCC/ 9 /705 Para 124). Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. Kitply Industries Ltd. v. Union Of India B.K. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. The petitioner also has not denied the letters by which the petitioner was requested to submit show cause replies about which a mention has been made in the counter affidavit. The petitioner by installing their own Xerox machine took the copies of the documents and at no point of time raised any objection regarding non-availability of any document. Kitply Industries Limited Share Price Today, Live NSE Stock Price: Get the latest Kitply Industries Limited news, company updates, quotes, offers, annual financial reports, graph, volumes, 52 week high low, buy sell tips, balance sheet, historical charts, market performance, capitalisation, dividends, volume, profit and loss account, research, results and more details at NSE India. The company is engaged in manufacturing of decorative laminates, blockboard, plywood and adhesive for making furniture, interior designs and office furniture. Get Kitply Industries Ltd. live share price, historical charts, volume, market capitalisation, market performance, reports and other company details. Bench: The, Hrishikesh Roy. Steps were taken to popularise the plantation scheme in the States of Nagaland and Meghalaya also. Company History - Kitply Industries Ltd. YEAR EVENTS 1982 - The company was originally incorporated on 26th August in Assam as Sudershan Plywood Industries Private Ltd., a leading company of the S.P. Get 2 points on providing a valid reason for the above change.
However, the petitioner instead of complying with the said direction, submitted two more letters dated 19.12.97 and 24.2.98 asking for the copies of the 34 documents and thereafter maintained silence in the matter. In the instant case, learned counsel for the petitioner emphasized on the principle No. Simultaneous search were also conducted at the Factories, Registered Office, Central Office/Head Office, Godowns and residences of the Directors, Managers and Branch Offices/Consignment Sale Agents' offices at Kolkata, Bombay, Nagpur, Ahmedabad, Delhi, Kanpur, Hyderabad, Madrass, Bangalore, Tinsukia and Margherita and records and documents relating to evasion of duty were seized. He also recorded the plea of the petitioner that it would not be possible to submit reply to the show cause notices in absence of the documents and that the proceedings be dropped since more than 15 years had elapsed. Apart from the fact that to attract this principle in the given fact situation of the present case, the petitioner will have to show that prejudice was caused due to non-supply of the particular documents, it has been held above that the petitioner and for that matter their representatives were given enough opportunity to examine the records and to take Xerox copy of the documents as per their desire. This has been revealed on perusal of the records of the earlier writ proceedings. Kitply demonstrates the practices of being a good corporate citizen undertaking a wide range of activities to improve the living conditions of the under-privileged classes living near its factories. Such an interim order was passed on the basis of the Miscellaneous Applications filed by the petitioner in the respective writ petitions. 25. It is the only plywood company that figures in the list of Consumer Super Brands of India. 2,41,45,1947- with penalty of Rs. The sources said Srei Infrastructure presently has … The respondents have filed their counter affidavits. (PJ) Indian Oil Corporation Ltd.). civil rule no. Thus, the rule that even if an alternative remedy is available to a party, but once the writ petition is admitted and pending for a considerable period of time, the plea of alternative remedy available to the party may get somewhat diluted is not available in the instant case. 2★ Its application will depend upon the facts and circumstances of each case. (ii). But we area also aware that the principles of natural justice are not rigid of immutable and hence the cannot be imprisoned in a straighjacket. the commissioner, Central Excise recorded the proceeding vide Annexure-13 record of personal hearing to the effect that all the three cases mentioned above could be dealt with together since they relate to the same issue of similar nature.
Superintendent (Anti-Evasion)/ (Adjudication). 40. Kitply Cup; Media Contacts; Print Ads; TV Ads; Contact . At the first instance, the petitioners unsuccessfully contended that the show cause notices were without any jurisdiction and now has called in question, the impugned orders dated 31.10.2001 confirming the demand made to the petitioner. In paragraph 7 of each of the present writ petitions, the petitioner has stated that in and around the filing of the writ petitions, they by their Annexure-1,2 and 3 letters dated 24.3.87,8.5.87 and 19.9.88 requested the respondents for furnishing copies of the 34 documents out of the voluminous documents seized from the petitioner. 5. Check out why Kitply Industries Ltd. share price is today. 37. Ajit Kumar Nag Vs. G.M. Read More . By the said orders, the petitioner in all the three cases, have been made liable, upon confirmation of the demand, the amount of Rs. They must be confined within their limit and cannot be allowed to run wild. In reply thereto, the petitioner by their Annexure-6 letter dated 28.6.97 took the stand that in absence of the required documents, they were handicapped from submitting their effective and proper reply in defence. According to the petitioner, although they were allowed inspection of voluminous records seized by the respondents, but the required 34 documents were not made available to them. Kitply Industries Ltd Promoted by S P Goenka, Kitply Industries (formerly Sudershan Plywood Industries) went public in Aug.'85. The records of the said cases were called for and upon verification of (he same, what has transpired is that there was no whisper about the alleged non-supply of the documents and as to whether the same caused any prejudice to (he petitioner. 'White House' A Block, 4th Floor, 119 Park Street Park Street, Kolkata-700016, West Bengal, India. In the first round of litigation, which resulted in the deci-sion reported in 1995 (2) GLT 01, Sudarshan Plywood Industries Ltd. On receipt of the impugned orders, the petitioner filed the instant writ petitions on 12.12.2001 and this Court, while issuing notices by orders dated 14.12.2001, kept open the question as to whether the writ petition should at all be entertained when a statutory remedy of appeal is available to the petitioner. Manufacturer of plywood and blockboard. 19. 23. 42.1 may also gainfully quote the observation of the Apex Court in Secretary, Minor Irrigation Vs. Sahngoo Ram Arya reported in AIR 2002 SC 2225. The plea now being raised was never the plea in the said proceeding. The petitioner made further request for granting more time permitting them to make the Xeroxing of the documents at the end of February, 1987 on the plea that the climatic condition of Shillong is not suitable in December and January. The said three writ petitions were heard analogously and by judgment and order dated 3.1.95, as reported in 1995(2) GLT 01, Sudarshan Plywood Industries Ltd. However, this time they made a further request for granting three months time for furnishing the replies to the show cause notices on completion of the examination of records. Having failed in that round of litigation from 1987 to 1997, the took recourse to the second round of litigation in which direction was issued for supplying the documents with the rider that if not already supplied. 44. In 1990, over three lakh kadam plants were planted in Assam and Arunachal Pradesh under industry-farmers nexus basis. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. It was only thereafter, the petitioner started to agitate for supply of the 34 documents in reference to their earlier letters mentioned above. Significantly, in this letter, the respondents indicated that the petitioner had already completed Xeroxing of documents on the basis of which the show cause notices had been issued. – Ankit Sharma When I entered college and started thinking about pursuing a career in business, I never thought I’d find myself in woodworking. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. 4★ Thus, both on merit of the contentions raised in the writ petition as well as on ground of there being alternative remedy by way of appeals against the impugned orders, all the writ petitions fail.
The question necessarily arises as to whether the petitioner can make challenge to the action of the respondents on piecemeal basis. Brand: KITPLY. 1997 - Kitply Industries Ltd has set up an institute for land restoration and agro-forestry in collaboration with Indian Institute of Technology, Kharagpur. Thereafter, the Additional Collector directed the petitioner to submit their reply on 25.9.88 without fail. Agencies. 27. 10 OF 2002 California Pacific Trading Corporation, A Corporation incorporated under the laws of the State of California, United States of … Placing reliance on the various decisions, he submitted that the impugned orders could not have been issued without first complying with the minimum requirement of providing the party concerned the documents on the basis of which the formation of opinion towards passing the impugned orders was based. Products of wood, cork, straw and plaiting materials detected and on principle! 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