In the case of Bar Council of India Vs. High Court of Kerala, the Apex Court observed: "24. It was founded by Shri. The respondents by their communication, dated 2.12.97 once again requested the petitioner to submit their show cause reply. It is classified as Non-govt company and is registered at Registrar of Companies, Shillong. IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) COMPANY PETITION No. S.P.Goenka and Shri. 36. 7. Kitply Industries Limited aims to leverage its expertise to become the top plywood companies in the world. 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).
The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. Which is the petitioner No. It was only after their unsuccessful first round of litigation, they come up with the plea before this Court. 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. 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. Vs. Sudarshan Plywood Industries Ltd. the petitioner never raised any grievance regarding alleged non-supply of documents. A seasoned entrepreneur, Amrit Mansahia is the CFO of Kitply Industries, one of the fastest growing wholesale distributors of hardware and plywood in Western Canada. 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. 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. The other two show cause notices are stated to be in the same line with the variations in respect of the demand and penalty. Reviews. Pursuant to such search and seizure, the respondents issued show cause notices dated 9.10.85,9.4.87 and 9.10.85 with which the present writ proceedings are concerned. 24. It was only thereafter, the petitioner started to agitate for supply of the 34 documents in reference to their earlier letters mentioned above. It is the only plywood company that figures in the list of Consumer Super Brands of India. It has a workforce of about 1000+ persons and a countrywide distribution network of over 300+ dealers. In September, 1986 also the petitioner made request for further time on grounds of continuous rain in Calcutta and Durga Puja festival. 30. 10,000,000. It is inolved in Manufacture of products of wood, cork, straw and plaiting materials. 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. 5,00,0007- and Rs. Counsel for the petitioner placed reliance are primarily on the principle of prejudice being caused to the party against whom an adverse order is passed without furnishing the documents forming the basis of the order and the alternative remedy being not a bar to invoke the writ jurisdiction. As per the requirement of the said order, the petitioner was to be supplied with the photocopies of the documents, if not already supplied, and within 10 days thereafter the petitioner was to furnish the replies. Kitply has also previously extended its services overseas to the Middle East, Nepal, Bangladesh and Pakistan. In the meantime, they also approached this Court once again by filing a writ petition being civil rule no. Thus, I am of the considered opinion that there was no violation of the principles of natural justice. In your opinion, the approach of the Court in dealing with such cases should be pragmatic rather than pedantic, realistic rather than doctrinaire, functional rather than formal and practical rather than "presidential". It was only on 14.3.2001, the representative of the petitioner appeared before the Commissioner, Central Excise and the proceedings thereof as recorded in Anenxure-13 order sheet, interalia included the prayer of the petitioner for a final decision in the matter. P.K.Goenka in 1982 in Assam, India. Kitply Cup; Media Contacts; Print Ads; TV Ads; Contact . In such a situation, it cannot be said that the petitioner and for that matter their representatives could not examine the relied upon documents or could not take copies thereof. 11. P.K.Goenka in 1982 in Assam, India. Before confirming, please ensure that you have thoroughly read and verified the judgment. Article 226 of the Constitution of India, Transmission Corporation Vs. Ch. The decisions are as follows: AIR 1961 SC1623: State of MP Vs. (Cintaman Sadashiva Vaishampayan), 1987 Supp SCC 518(Cndrama Tewari Vs. Union of India), (2003) 2 SCC 107: (Harbanslal Sangia Vs. Indian Oil Corporation Ltd.), (2005) 6 SCC 499: (Sate of HP Vs. Gujarat Ambuja Cement Ltd.), (1998) 8 SCC 01: (Whirlpool Corporation Vs. Registrar of Trade Marks, Munibai), 1979 ELT (J) 613: (Collector of Central Excise Vs. Sanawarmal Purohit), 1981 ELT 184 (Mad) : (Nuwood Pvt. The respondents have filed their counter affidavits. 34. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. 59767 197 and the same was disposed by order dated 19.12.97 of with the following order. It’s commitment to environment-friendliness, its high ethical standards in business dealings and its on-going efforts in community welfare programmes has won acclaim as a responsible corporate citizen. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 25. Kitply’s operations are spread throughout the country with 5 factories and 16 Sales Offices. 'White House' A Block, 4th Floor, 119 Park Street Park Street, Kolkata-700016, West Bengal, India. 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. Kitply Industries Ltd: Kitply Industries Limited is the leading plywood manufacturing company in India with an employee total of 10000. Additional Collector (TECH) Customs & Central Excise, Shillong To: 1. 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. 1,00,0007- (first case); Rs. 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. Upon a reading of the writ petitions in the said proceeding, what has transpired is that the petitioner clearly understood the show cause notices including the materials thereof on the basis of which they called in question the very jurisdiction of the authority to issue the show cause notices. The aforesaid show cause notices and the consequential action could not be finalized by the respondents in view of the interim order passed in the aforesaid writ proceedings to the effect that while the reassessment proceedings pursuant to the show cause notices could go on, but no final order would be passed. The Apex Court observed that the proceedings under Article 226 are not a substitute for an appeal. The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. 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. In view of the discussions made above, this case is also of no help to the case of the petitioner, rather would answer the question about the maintainability of the writ petition in the negative. 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. Kitply Industries Ltd. share price live updates on The Economic Times. In the instant case, the position has been explained above. 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. According to the petitioner non-supply of the copies of the said documents deprived them of filing the effective show cause replies and the respondents could not have passed the impugned orders without providing the petitioner the reasonable opportunity of being heard. 2,00,0007- and Rs. It is also well settled that if a party after having proper notice chose not to appear, he at latter stage cannot be permitted to say that he had not been given a fair opportunity of hearing. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blackboard. – Ankit Sharma When I entered college and started thinking about pursuing a career in business, I never thought I’d find myself in woodworking. 22. Being aggrieved the respondents preferred writ appeals being W. A. Nos. 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. Click here to remove this judgment from your profile. Copyright © 1996-2020 IndiaMART InterMESH Ltd. All rights reserved. Brand: KITPLY. It manufactures plywood and particle boards and markets them under the Kitply and Swastik brands. 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. 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. 1,00,0007- (second case) and Rs. By the said orders, the petitioner in all the three cases, have been made liable, upon confirmation of the demand, the amount of Rs. 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. Such prayers made, were granted. 32. 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 principles of natural justice, it is trite, cannot be put in a straightjacket formula. Kitply’s operations are spread throughout the country with 5 modern factories and 12 sales offices. Kitply Industries General Information Description. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Sri S. K. Dheer, M/s Kitply Industries Ltd. 2. The respondents in their counter affidavit have also stated as to how, in response to the said letter of the petitioner, the Additional Collector, Customs & Central Excise, Shillong, by his letter, dated 2.3.87 informed the petitioner that they should complete their examination of records within one week and thereafter should submit reply within 15 days. 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. 3★ Kitply’s operations are spread throughout the country with 5 factories and 16 Sales Offices. |
There is no denial of the fact that the petitioner installed their own Xerox machine in the office of the respondents for the purpose of getting the copies of the documents. Kitply has bagged Top Export awards from Capexil for the periods 91-92, 93-94, 94-95 & 95-96. 2★ The board of directors at its meeting held on May 30, 2013 has approved for the same. 14. JUNE 07, 2019. 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. Its operations are spread throughout the country with five modern factories and 30 sales offices. The prayer of the petitioner for a final decision in the matter was also recorded in the order. Bench: The, Hrishikesh Roy. 28. Agencies. 6. 21. When the matter rested thus, the petitioner approached this Court by filing the aforesaid writ petitions being Civil Rule No. 3. It was intimated that upon failure of the petitioner to do so, decision would be taken ex-parte. 4. 45. It pioneered the concept of “Branded Plyboards” in the early 80’s.
Kitply Industries Limited is a Public incorporated on 26 August 1982. 3.5/5 They must be confined within their limit and cannot be allowed to run wild. KITCHEN. ★★★★★ 23. 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. 2,51,58,639.30 with penalty of Rs. P.K.Goenka in 1982 in Assam, India. 2,51,58,639/- respectively for the periods from June, 1980 to 24.2.84; 1.3.84 to 31.3.85 and June, 1980 to 24.2.84 respectively. Thus, the proceedings initiated during 1985-87 by way of issuance of the three show cause notices are yet to take the final shape, even after elapse of long 20 years, out of which, long 15 years have consumed in legal proceedings initiated by the petitioner. Kitply Industries Limited manufactures plywoods & boards, particle boards, veneer, sawn timber, timber logs, teak logs, tea-chests and laminates. The company is engaged in manufacturing of decorative laminates, blockboard, plywood and adhesive for making furniture, interior designs and office furniture. Its authorized share capital is Rs. 13. Kitply is India's foremost manufacturer of plywood and blockboard. Interact directly with CaseMine users looking for advocates in your area of specialization. 10 OF 2002 California Pacific Trading Corporation, A Corporation incorporated under the laws of the State of California, United States of … 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. Kitply has also extended its services overseas to the Middle East, Nepal Bangladesh and Pakistan. 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. While forwarding the aforesaid impugned orders by letters, dated 31.10.2001, it was intimated that the petitioner would be entitled to prefer appeals against the orders before the East Regional Branch of the Appellate Tribunal located at Kolkata. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. Kitply has included commitment to environmental protection as one of its corporate objectives with the Kitply Agro Forestry Project. It was founded by Shri. 1997 - Kitply Industries Ltd has set up an institute for land restoration and agro-forestry in collaboration with Indian Institute of Technology, Kharagpur. 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. 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. 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. (See R.V. In the instant case, learned counsel for the petitioner emphasized on the principle No. Superintendent (Anti-Evasion)/ (Adjudication). (ii). Stood transferred to Suadarsan Plywood Industries Ltd. with the renaming of the company as Kitply Industries Ltd. 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. The committee of creditors had on October 2018 approved the Rs 175-crore resolution plan submitted by Srei Multiple Asset Investment Trust for the Kolkata-headquartered Kitply Industries. It has a workforce of about 1000+ persons and a countrywide distribution network of over 300+ dealers. 41,35,714.07 with penalty of Rs. California Pacific Trading Cor vs Kitply Industries Ltd on 2 May, 2011. The plea now being raised was never the plea in the said proceeding. 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. 18. On or about 24.2.84 the officers of the Directorate of Revenue and Intelligence, along with officers of the respondents searched the business premises of the then HPI and SPI and the Directors and seized large number of documents in exercise of powers under the provisions of the Central Excise Act, 1944 and the Rules framed there under. Khare, C.J. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. Vs. Sudarshan Ploywood Industries Ltd. 9. Ajit Kumar Nag Vs. G.M. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. 37. ★★★★★ It became a public limited company on 1st April, 1985. Our Network; Write To Us; 94324 94324; India's leading Plywood brand, a household name, a trusted partner for the past three decades.
★★★★★3.5 out of 5 VotesRated by 4 Buyers In the case of Whirlpool Corporation (supra), the Apex Court while reminding that the High Court exercising its power under Article 226 of the Constitution of India, has a discretion to entertain or not to entertain a writ petition and that the High Court has imposed upon itself certain restrictions, one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction, held that a writ petition can be maintained on the three principles mentioned in the case of Harbanslal Sangia (supra). 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. However, the petitioner again inspected and took copies of the documents on 18.12.87 and 29.1.88. The Apex Court in the case of State BankofPatiala Vs. S. K. Sharma, reported in (1996) 3 SCC 364 observed thus: 47. 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. The company proposed to plant 5 lakh kadam plants each year in these two states. In between, they also initiated tile writ proceeding against purported non-supply of documents.
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. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. Such an interim order was passed on the basis of the Miscellaneous Applications filed by the petitioner in the respective writ petitions. REVAMP YOUR COOKROOM. It is also their case that, apart from these communications, they also made inquiries in the office from time to time for getting the documents and eventually by their letter dated 11.12.2000 enquired about the status of the proceeding. (PJ) Indian Oil Corporation Ltd.). Emphasizing the need for substantial justice and not to give too much of credence to technical pleas of the like nature, Mr. Sarma, submitted that the petitioner having installed its own Xerox machine in the office premises of the respondents only to get the copies of the documents, it does not lie on their mouth to say that they were not supplied with the documents. The company is well known for introducing new varieties of plywood periodically. Its application will depend upon the facts and circumstances of each case. Kitply has made significant contributions to the nation building process by way of quality products, services and sharing its expertise. The petitioner by their letter, dated 11.2.87 informed the respondents that they would be sending their person to attend the office of the respondents on 18.2.87 for examination of the records. 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. The respondents carried out the search and seizure operations in the business premises of the petitioner at Kolkata and Assam on the basis of the information collected by the Directorate of Anti-Evasion that the company of the petitioner resorted to dubious method of realizing additional amount from the wholesale buyers over and above the price declared to the Department through under valuation and clearance of prime quality of plywood ex-factory in the garb of defective grades having lower rate of duty and subsequently sold under different nomenclatures of much higher price. 41. The principles of natural justice, it is well settled, must not be stretched too far.". Became a public limited company on 1st April, 1985. Mr. H. Roy, learned Sr. However, the same were dismissed on appeal. After the judgment in the writ appeal delivered on 9.4.97, the petitioner once again approached this Court by way of filing the writ petition being Civil Rule No. Since the Department is not in a position to make photocopies these voluminous documents, I have allowed the party to bring their own machine and take photocopies of these documents in the presence of an Inspector at their cost either in the new building or old building, wherever facilities are available from 26th November onwards. Building Kitply Industries From the Foundation Up If you want to support your family and help them through hard times, you need to start your own business and work for yourself. The respondents have also stated that as per the direction of this Court contained in the order dated 19.12.97 passed in the second round of litigation i.e. - The company has diversified into sugar manufacturing by setting up a 3500 tcd capacity sugar unit in western UP. 43. 86 Followers, 11 Following, 22 Posts - See Instagram photos and videos from Kitply Industries Ltd (@kitplyindltd) change. The petitioner, a company registered under the Companies Act, 1956, represented by the petitioner No. Kitply Industries Limited manufactures plywoods & boards, particle boards, veneer, sawn timber, timber logs, teak logs, tea-chests and laminates. Writ petitions are dismissed, leaving the parties to bear their own costs. 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. provisions of Section 11A of the Central Excise Act, 1944 read with Rule 9 (2) of the Central Excise Rules, 1944. provisions of Rule 173 (q) of Central Excise Rules, 1944. "LIVE WITH WHAT YOU LOVE" Scroll through various home decor tips to find what you need. In case of any confusion, feel free to reach out to us.Leave your message here. 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. civil rule no. Get 1 point on providing a valid sentiment to this Read More . P.K.Goenka in 1982 in Assam, India. 41,35,714/- and Rs. 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. In the communication, they also stated that due to long lapse of time (15 years), the proceedings should be dropped and the chapter be closedbeing barred for adjudication. 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. University of Cambridge 18). Kitply Industries Limited It was founded by Shri. Color: Brown. 650/1987, 856/1987 and 1072/1987 questioning the very authority and jurisdiction of the respondents to issue the show cause notices. 20. In India, Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. 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