Kerala High Court
Marksmen Aquatic Products Llp 503 vs Union Of India on 7 January, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
W.P.(C). Nos.18633 & 18634 of 2022
1
2025:KER:117
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 18633 OF 2022
PETITIONER:
NPM ASSOCIATES
14/72,
FIROZ MANZIL,
KECHERY P.O.,
TRISSUR DT.
KERALA PIN: 680 501,
REPRESENTED BY FIROZ A.A.,
MANAGING PARTNER.
BY ADVS.
SRI C.K.KARUNAKARAN
REMIL REGI GEORGE
SRI ARAVIND BABU
RESPONDENTS:
1 UNION OF INDIA
REP BY SECRETARY
MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN
MAULANA AZAD ROAD,
NEW DELHI 110 001.
2 MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY
PANAMPILLI AVENUE,
COCHIN 682 036
REP BY ITS SECRETARY.
3 DIRECTOR GENERAL OF FOREIGN TRADE
UDYOG BHAVAN,
W.P.(C). Nos.18633 & 18634 of 2022
2
2025:KER:117
MAULANA AZAD ROAD,
NEW DELHI 110 001.
BY ADV. SRI T.C.KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.04.2024, ALONG WITH WP(C).18634/2022, THE COURT ON
07.01.2025 DELIVERED THE FOLLOWING:
W.P.(C). Nos.18633 & 18634 of 2022
3
2025:KER:117
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 18634 OF 2022
PETITIONER:
MARKSMEN AQUATIC PRODUCTS LLP 503
BAITHUL AMAAN,
KANIYAMANGALAM P.O,
TRISSUR DT. KERALA 682 027,
REP. BY ITS DESIGNATED PARTNER
MUHAMMED ROSHAN KABEER.
BY ADVS.
C.K.KARUNAKARAN
REMIL REGI GEORGE
ARAVIND BABU
RESPONDENTS:
1 UNION OF INDIA,
REP. BY SECRETARY,
MINISTRY OF COMMERCE AND INDUSTRY,
UDYOG BHAVAN,
MAULANA AZAD ROAD,
NEW DELHI 110 001.
2 MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY,
PANAMPILLI AVENUE,
COCHIN 682 036,
REP. BY ITS CHAIRMAN.
3 DIRECTOR GENERAL OF FOREIGN TRADE,
UDYOG BHAVAN,
W.P.(C). Nos.18633 & 18634 of 2022
4
2025:KER:117
MAULANA AZAD ROAD,
NEW DELHI 110 001.
BY ADV. SRI T.C.KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.04.2024, ALONG WITH WP(C).18633/2022, THE COURT ON
07.01.2025 DELIVERED THE FOLLOWING:
W.P.(C). Nos.18633 & 18634 of 2022
5
2025:KER:117
T.R. RAVI, J.
--------------------------------------------
W.P.(C). Nos.18633 & 18634 of 2022
--------------------------------------------
Dated this the 7th day of January, 2025
JUDGMENT
The petitioners in both these writ petitions are aggrieved by the moratorium issued by the 2 nd respondent, Marine Products Export Development Authority (MPEDA), for registration of new Fish Meal and Fish Oil units with effect from 01.01.2020. The moratorium also applies to the endorsement of enhancement of production capacity for existing Fish Meal and Fish Oil units registered with MPEDA with effect from 01.01.2020. The impugned order authorises the Chairman, MPEDA, with powers to lift the moratorium as and when required, in the interest of export trade, subject to the recommendation of the committee constituted by the Chairman for the purpose. The reason stated in the impugned order is that unabated juvenile fishing, especially for Fish Meal and Fish Oil production has become a major concern, resulting in stagnating catches of commercially important species and risk the depletion of the food fish resources from the marine capture sector causing danger to the livelihood of traditional/artisanal fishermen W.P.(C). Nos.18633 & 18634 of 2022 6 2025:KER:117 and the availability of human protein source from sea catch.
2. The moratorium was ordered on 30.09.2019 to be effective from 01.01.2020. On 12.12.2019, the MPEDA issued a circular stating that the moratorium is being implemented with effect from 01.01.2020. The circular also says that in view of the investment that entrepreneurs have already made for the construction of the Plants, it has been decided to allow those applicants who have already applied to MPEDA for registration before 01.01.2020, to complete the formalities of registration such as APE and issue certificate of Fish Meal and Fish Oil unit, etc. up to 31.01.2020. The petitioners are persons who had started the process prior to the issuance of the moratorium but had not yet completed the formalities within the above-prescribed time limit.
3. The contention of the petitioners is that the control of such activities is vested exclusively with the Union of India, who is the 1st respondent, and there is no power available to the 2 nd respondent to issue a moratorium. It is contended that the application for Registration-Cum-Membership Certificate (RCMC) is a requirement under the Foreign Trade Policy, and the procedure for such registration is laid down in paragraph 2.94 of the handbook of procedures. Neither the Foreign Trade Policy nor the Handbook of W.P.(C). Nos.18633 & 18634 of 2022 7 2025:KER:117 Procedures recognise any right in the 2 nd respondent to refuse to entertain an application for registration. Paragraphs 2.93, 2.94 & 2.95 reads thus:
"2.93 Registration-cum-Membership Certificate (RCMC)
(a) An exporter may, on application given in ANF 2C register and become a member of EPC. On being admitted to membership, applicant shall be granted forthwith Registration-cum-Membership Certificate (RCMC) of EPC concerned, in format given in Appendix 2R. In case an exporter desires to get registration as a manufacturer exporter, he shall furnish evidence to that effect.
(b) Prospective/potential exporters may also, on application, register and become an associate member of an EPC. 2.94 Applying for RCMC.
(a) While applying for RCMC, an exporter has to declare his main line of business in the application. The exporter is required to obtain RCMC from the Council which is concerned with the product of his main line of business.
(b) In case an export product is not covered by any Export Promotion Council/Commodity Board, etc., RCMC in respect thereof is to be obtained from FIEO. Further, in case of multi product exporters, not registered with any EPC, where main line of business is yet to be settled, the exporter has an option to obtain RCMC from Federation of Indian Exporters Organization (FIEO).
(c) In respect of multi product exporters having their head office/registered office in the North Eastern States, RCMC may be obtained from Shellac & Forest Products Export W.P.(C). Nos.18633 & 18634 of 2022 8 2025:KER:117 Promotion Council (except for the products looked after by APEDA, Spices Board and Tea Board).
(d) In respect of exporters of handicrafts and handloom products from the State of Jammu & Kashmir, Director, Handicrafts, Government of Jammu & Kashmir is authorised to issue Registration Cum Membership Certificate (RCMC).
2.95 Validity Period of RCMC.
RCMC shall be deemed to be valid from 1 st April of licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified. "
4. The counsel for the petitioners submits that they had already applied for an EPCG licence for the import of machinery for the manufacture of Fish Meal, which carries an obligation to export 6 times the value of duties saved within 6 years. EPCG is a part of the EXIM policy over which the 2nd respondent has no authority. Petitioners contend that the authority to allow or prohibit export or import is vested exclusively in the Central Government under Sections 3 & 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as the 1992 Act), and the Central Government has not issued any notification restricting/prohibiting the export of Fish Meal. It is further submitted that even the MPEDA Act, 1972 (hereinafter referred to as the 1972 Act), which created the 2nd respondent, recognises power only in the Central Government to prohibit or control the import/export of marine W.P.(C). Nos.18633 & 18634 of 2022 9 2025:KER:117 products. Reference was made to Sections 9, 11, 20, and 30 of the 1972 Act.
5. As per Section 21 of the 1972 Act, it is the duty of MPEDA to carry out such directions as may be issued to it from time to time by the Central Government. It is hence contended that the office order and the circular issued by the 2 nd respondent, in effect, restrict/prohibit/control the exports of Fish Meal, for which they have no jurisdiction. The counsel relies on the judgments of the Hon'ble Supreme Court in Atul Commodities (P) Ltd. V. Commissioner of Customs, Cochin (2009 (5) SCC 46) and Commissioner of Central Excise, Bolpur V. Ratan Melting & Wire Industries (MANU/SC/8792) and a judgment of a Division Bench of this Court in Marine Fins V. Union of India & Ors. (2018 (3) KLT 71).
6. A counter affidavit has been filed by the 2nd respondent. The stand taken by the 2nd respondent is that the 2 nd respondent has been given the mandate to promote the marine product industry with special reference to exports from the country and is expected to take all actions to develop and augment the resources required for promoting the exports of all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, W.P.(C). Nos.18633 & 18634 of 2022 10 2025:KER:117 shell-fish, other aquatic animals or plants or part thereof and any other products which the authority may by notification in the Gazette of India declared to be marine products for the purpose of the Act. It is contended that the Act empowers the 2 nd respondent to regulate exports of marine products and take all measures required for ensuring sustained, quality seafood exports from the country. It is contended that only an e-mail request had been received, which cannot be considered as an application for registration. It is also submitted that the RCMC and MPEDA registration are completely different procedures, and RCMC is issued for duty-free import of machinery, and MPEDA registration is applicable for processing units and exporters intending for exports. It is further submitted that an application for registration of a processing plant must be made under Rule 34 of MPEDA Rules, 1972, to the Secretary or other officer authorized by him in the online module, and such an application has not been received. It is stated that the purpose of the issuance of the moratorium was to curtail the mushrooming of more units and to prevent additional pressure on the fishery resources.
7. The petitioners have filed a reply to the counter affidavit. It is stated that the power to regulate imports and W.P.(C). Nos.18633 & 18634 of 2022 11 2025:KER:117 exports is with the 1st respondent, and the same is exercised through the office of the 3rd respondent in the exercise of powers vested under the 1992 Act, and the said powers cannot be assumed by the 2 nd respondent. An additional reply affidavit has also been filed. It is stated in the additional reply affidavit that on the last date prior to the implementation of the moratorium on 31.01.2020, four Plants were registered. It is stated that none of them had a Fishmeal/Fish Oil Plant on 31.01.2020 and that even on the date of the reply affidavit, many of them did not have one. It is also stated that some applicants had requested cancellation of their registration on coming to know of the writ petition and fearing scrutiny. Ext.P14, produced along with the additional reply affidavit, is a notification issued by the Central Government prohibiting the export of shark fins of all species of shark. The above document is produced to show that such power is available to the Central Government and not to the 2nd respondent.
8. Sections 9, 11, 20, and 30 of the 1972 Act are extracted for easy reference.
"9. Functions of the Authority.--(1) It shall be the duty of the Authority to promote, by such measures as it thinks fit, the development under the control of the W.P.(C). Nos.18633 & 18634 of 2022 12 2025:KER:117 Central Government of the marine products industry with special reference to exports.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for--
(a) developing and regulating off-shore and deep-
sea fishing and undertaking measures for the conservation and management of off-shore and deep-sea fisheries;
(b) registering fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products;
(c) fixing of standards and specifications for marine products for purposes of export;
(d) rendering of financial or other assistance to owners of fishing vessels engaged in off-shore and deep-sea and owners of processing plants or storage premises for marine products and conveyances used for the transport of marine products, and acting as an agency for such relief and subsidy schemes as may be entrusted to the Authority;
(e) carrying out inspection of marine products in any fishing vessel, processing plant, storage premises, conveyance or other place where such products are kept or handled, for the purpose of ensuring the quality of such products;
(f) regulating the export of marine products;
(g) improving the marketing of marine products outside India;
(h) registering of exporters of marine products on payment of such fees as may be prescribed; W.P.(C). Nos.18633 & 18634 of 2022 13 2025:KER:117
(i) collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products or conveyances used for the transport of marine products, exporters of such products and such other persons as may be prescribed on any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof of extracts therefrom;
(j) training in various aspects of the marine products industry; and
(k) such other matters as may be prescribed. (3) The Authority shall perform its functions under this section in accordance with and subject to such rules as may be made by the Central Government.
11. Registration of fishing vessel, processing plant, etc.--(1) Every owner of a fishing vessel, processing plant or storage premises for marine products or conveyance used for the transport of marine products shall, before the expiration of one month from the date on which he first became owner of such fishing vessel, processing plant, storage premises or conveyance, or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority for registration under this Act of every such fishing vessel, processing plant, storage premises or conveyance owned by him:
Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such period as it thinks fit.
(2) Registration once made shall continue to be in force until it is cancelled by the Authority W.P.(C). Nos.18633 & 18634 of 2022 14 2025:KER:117
20. Power to prohibit or control imports and exports of marine products.--(1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of marine products, either generally or in specified classes of cases.
(2) All marine products to which any order under sub- section (1) applies, shall be deemed to be goods of which the import or export has been prohibited under Section 11 of the Customs Act, 1962 (52 of 1962), and all provisions of that Act shall have effect accordingly. (3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962, as applies by sub-section (2),[be liable to penalty not less than ten thousand rupees or not exceeding twice the value of goods, whichever is higher, in respect of which such order has been made].
30. Power to delegate.--The Central Government may, by order notified in the Official Gazette, direct that any power exercisable by it under this Act (not being the power to make rules under Section 33) may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein."
9. The first question that is to be considered is whether the 2nd respondent has any authority to issue the Ext.P13 office order and Ext.P14 circular, whereby a moratorium is imposed on the registration of new fish meal and fish oil units. The 2nd respondent is a creature of the 1972 Act. The functions of the 2nd respondent W.P.(C). Nos.18633 & 18634 of 2022 15 2025:KER:117 are statutorily prescribed in Section 9 of the 1972 Act. A reading of Section 9 would show that the authority is to take measures for developing and regulating offshore and deep-sea fishing and undertaking measures for the conservation and management of the offshore and deep-sea fisheries. Another function is to register processing plants for marine products, which would include the registration of fish meal and fish oil units. The authority may fix standards and specifications for the product, inspect the processing plants or storage premises, regulate the export of marine products, register exporters of marine products, etc. The functions do not in any manner speak about the power to refuse to register or to refuse to accept applications for registration. Regulation cannot mean a total prohibition. Section 11 of the 1972 Act provides for the registration of a processing plant. A reading of the provision would show that registration is a requirement for running a processing plant. When there is a statutory requirement to register, one fails to see how a circular can be issued prohibiting the registration itself. Section 20 of the 1972 Act specifically says that the power to prohibit or control imports and exports of marine products is vested with the Central Government. The Act, which created the 2nd respondent itself, thus speaks of only a power W.P.(C). Nos.18633 & 18634 of 2022 16 2025:KER:117 available in the Central Government for the issuance of such prohibitions. Section 30 of the 1972 Act says that the Central Government may delegate any of the powers that are exercisable by it under the Act. However, nothing is produced before this Court to show that the power to prohibit the export of a marine product has been delegated to the 2nd respondent. Rule 34 of the MPEDA Rules deals with the grant of a registration certificate. The Rule specifies the procedure that is to be followed on receipt of an application for registration preferred under Rule 33 of the Rules. A reading of Rules 33 and 34 also does not in any manner suggest the availability of a power to refuse applications for registration on the grounds of a moratorium.
10. Contrasted with the provisions of the 1992 Act, powers to make provisions relating to imports and exports are vested in the Central Government. Section 3 of the 1992 Act says that the Central Government may, by order published in the official Gazette, make provision for the development and regulation of foreign trade by facilitating imports and increasing exports. Section 3(2) says that provision can also be made for prohibiting, restricting, or otherwise regulating the import and export of goods or services or technology. Section 5 of the 1992 Act says that the Central W.P.(C). Nos.18633 & 18634 of 2022 17 2025:KER:117 Government may, from time to time, formulate and announce by notification in the official Gazette the foreign trade policy and may also, in a similar manner, amend the policy. The counsel for the petitioners submits that there is no Gazette notification issued by the 1st respondent restricting/prohibiting the export of fish meal/fish oil. This contention is not disputed by the respondents. It is also an admitted fact that a registration-cum-membership certificate is a requirement under the foreign trade policy. As already stated, paragraphs 2.93 to 2.95 of the handbook of procedures deal with the manner in which the registration is to be applied for and granted. Admittedly, the petitioners have been granted an EPCG license for the import of machinery for the manufacture of fish meal, which again is a part of the EXIM policy regarding which the 2nd respondent has no say. It is in the light of the above provisions, that the validity of Ext.P13 and P14 must be considered.
11. It is an admitted fact that there are registered units involved in the manufacture of fish meal/fish oil. What is sought to be prohibited is the registration of fresh units. Admittedly, the export of such products is not prohibited. The effect of Exts.P13 and P14 is, hence, to stop new players from entering the market W.P.(C). Nos.18633 & 18634 of 2022 18 2025:KER:117 and to allow the existing manufacturers to monopolize the activity. When the 2nd respondent has no power to impose a ban on the exports of products like fish meal and fish oil, they cannot do the same indirectly by refusing registration to new units and, in effect, stopping competition in the field. Exts.P13 and P14 do not specify the source of the power for issuing such a moratorium. Even if it is to be conceded that they have power, such power cannot be extended over several years even without any re-look into the situation that had prompted the issuance of such a moratorium. It is settled law that legislation, as well as subordinate legislation, can be challenged on the ground of manifest arbitrariness, which includes within its fold, unfairness in action. A circular that has been issued without any reference to any statutory provision cannot be treated as even delegated legislation. It can, at best, be an administrative order.
12. I find that a moratorium issued without any time frame is arbitrary, particularly when the trade is not prohibited. The second respondent has no power to curtail competition in the manufacture and export of fish meal/fish oil. Such a prohibition is violative of the fundamental rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India. W.P.(C). Nos.18633 & 18634 of 2022 19 2025:KER:117
13. The counsel for the petitioners relied on the decision of the Hon'ble Supreme Court in Atul Commodities (supra) to submit that the power to prohibit or control export is vested in the Central Government alone. The case before the Supreme Court was one where a notification had been issued by the Director General of Foreign Trade (DGFT) whereby a photocopying machine, which was under the category of general imports, was included as a restricted item. The import in that case was in January 2005 and the circular relied on was dated 23.02.2005. As a matter of fact, the Central Government had amended the policy on 19.10.2005 by notification issued under Section 5 of the 1992 Act. The court held that the power being available only to the Central Government to decide whether an item should be treated as a general item or a restricted item, the circular issued by the DGFT cannot have any force. It is submitted by the counsel that in the case on hand also, the power to restrict is available only to the Central Government, and the 2nd respondent has no authority to issue a moratorium. The counsel relied on the judgment of a Division Bench of this Court in Marine Fins (supra), which also related to an exercise of power by the Central Government under Section 5 of the 1992 Act to ban the export of shark fins. It is submitted that such powers W.P.(C). Nos.18633 & 18634 of 2022 20 2025:KER:117 are being exercised by the Central Government alone and are not available to the 2nd respondent. I find justification in the contention raised by the counsel for the petitioners.
14. In the result, the writ petitions are allowed. The circular bringing into effect a moratorium on registration of new fish meal and fish oil units dated 12.12.2019 produced as Ext.P14 in WP(C) No.18633/2022 and the office order in this regard issued on 30.09.2019 produced as Ext.P13 in WP(C) No.18633/2022 are quashed. The 2nd respondent is directed to reconsider the applications submitted by the petitioners afresh and issue necessary orders within one month from the date of receipt of a certified copy of this judgment. The directions issued will not in any manner affect the right of the 1 st respondent under Section 5 of the 1992 Act.
Sd/-
T.R. RAVI JUDGE Pn W.P.(C). Nos.18633 & 18634 of 2022 21 2025:KER:117 APPENDIX OF WP(C) 18633/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972 DATED 20.04.1972.
Exhibit P2 TRUE COPY OF MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES, 1972 DATED 12.07.1972.
Exhibit P3 TRUE COPY OF UDYOG AADHAR MEMORANDUM OF PETITIONER DATED 26.08.2019.
Exhibit P4 TRUE COPY OF CERTIFICATE OF IMPORT EXPORT CODE OF PETITIONER DATED 15.10.2019.
Exhibit P5 TRUE COPY OF CONSENT TO ESTABLISH ISSUED BY PCB. DATED 14.11.2019.
Exhibit P6 TRUE COPY OF PETITIONER'S GST REGISTRATION CERTIFICATE DATED 12.12.2019.
Exhibit P7 TRUE COPY OF EPCG LICENSE/AUTHORISATION ISSUED TO PETITIONER DATED 09.01.2020. Exhibit P8 TRUE COPY OF INSTALLATION CERTIFICATE OF IMPORTED MACHINERY DATED 19.08.2021. Exhibit P9 TRUE COPY OF PETITIONER'S APPLICATION FOR REGISTRATION DATED 09.12.2019.
Exhibit P10 TRUE COPY OF 2ND RESPONDENT'S EMAIL DATED 17.12.2019 AND THE TRAILING MAIL, INCLUDING THE LETTER DATED 18.12.2019 OF THE PETITIONER DATED 18.12.2019.
Exhibit P11 TRUE COPY OF 2ND RESPONDENT'S LETTER REFUSING REGISTRATION DATED 01.04.2021. Exhibit P12 TRUE COPY OF PETITIONERS REPRESENTATION BEFORE 2ND RESPONDENT DATED 18.03.2022. Exhibit P13 TRUE COPY OF 2ND RESPONDENT'S OFFICE W.P.(C). Nos.18633 & 18634 of 2022 22 2025:KER:117 ORDER NO. 69 DATED 30.09.2019.
Exhibit P14 TRUE COPY OF 2ND RESPONDENT'S CIRCULAR DATED 12.12.2019.
Exhibit P15 TRUE COPY OF A NOTIFICATION NO.31/2015- 2020 DATED 08.09.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P16 AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1985 Exhibit P17 TRUE COPY OF THE NOTIFICATION NO.110 (RE-
2013)/2009-2014 DATED 06.02.2015 Exhibit P18 TRUE COPY OF GO(P) DATED 24.07.2015 Exhibit P19 TRUE COPY OF G.O(P) DATED 16.05.2022 Exhibit P 20 TRUE COPY OF AN ARTICLE ON SURIMI AND OTHER MINCE BASED FISHERY PRODUCTS BY DR. K ELAVARASN Exhibit P21 TRUE COPY OF CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, GOVERNMENT OF INDIA (CMFRI) ANNUAL REPORT OF 2020 (EXECUTIVE SUMMARY) Exhibit P22 TRUE COPY OF CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, GOVERNMENT OF INDIA (CMFRI) ANNUAL REPORT OF 2021 (EXECUTIVE SUMMARY) Exhibit P23 TRUE COPY OF THE RELEVANT PAGES OF (CMFRI) ANNUAL REPORT OF 2022 (EXECUTIVE SUMMARY) Exhibit P 24 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2020, TITLED FISHERY RESOURCE MONITORING Exhibit P25 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2021, TITLED FISHERY RESOURCE MONITORING Exhibit P26 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2022, TITLED FISHERY RESOURCE MONITORING W.P.(C). Nos.18633 & 18634 of 2022 23 2025:KER:117 Exhibit P27 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2022 WHICH RECORD LANDINGS IN 2022 Exhibit P28 TRUE COPY OF THE INVESTIGATION RESULTS BY CMFRI Exhibit P29 TRUE COPY OF THE LIST OF MANUFACTURING FACILITIES REGISTERED WITH THE MANGALORE REGIONAL OFFICE OF THE 2ND RESPONDENT Exhibit P30 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF PROCESSING PLANT ALONG WITH TAX INVOICE Exhibit P31 TRUE COPY OF APPLICATION FOR REGISTRATION OF STORAGE PREMISES ALONG WITH TAX INVOICE RESPONDENT'S EXHIBITS EXHIBIT R1(A) TRUE COPY OF REPLY GIVEN TO THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT R1(B) TRUE COPY OF THE REJECTION ORDER ISSUED BY MPEDA DT.12.12.2019 Exhibit R2(a) A TRUE COPY OF THE RESEARCH PAPER OF THE CENTRAL INSTITUTE OF BRACKISHWATER AQUACULTURE Exhibit R2(b) TRUE COPY OF THE ANNUAL REPORT OF THE CMFRI 2018-19 Exhibit R2(c) TRUE COPY OF THE REPORT FISHING FOR CATASTROPHE BY THE CHANGING MARKETS FOUNDATION W.P.(C). Nos.18633 & 18634 of 2022 24 2025:KER:117 APPENDIX OF WP(C) 18634/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972.
Exhibit P2 TRUE COPY OF MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY RULES, 1972.
Exhibit P3 TRUE COPY OF UDYOG AADHAAR REGISTRATION CERTIFICATE.
Exhibit P4 TRUE COPY OF CERTIFICATE OF IMPORT -
EXPORT CODE ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE CONSENT ORDER ISSUED BY THE TAMIL NADU POLLUTION CONTROL BOARD.
Exhibit P6 TRUE COPY OF 3 EPCG
LICENSES/AUTHORISATIONS.
Exhibit P7 TRUE COPY OF EMAIL WITH THE APPLICATION
FOR REGISTRATION.
Exhibit P8 TRUE COPY OF THE EMAIL RECEIVED BY THE
PETITIONER FROM 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF PETITIONER'S REPRESENTATION
SENT THROUGH EMAIL.
Exhibit P9a TRUE COPY OF EXHIBIT P9 REPRESENTATION
SENT THROUGH POST.
Exhibit P10 TRUE COPY OF 2ND RESPONDENT'S OFFICE
ORDER PART I NO. 09 (NO. REG.
GEN/RFM/1/2019-REG).
Exhibit P11 TRUE COPY OF 2ND RESPONDENT'S CIRCULAR
NO. REG-GEN/RFM/J/2019-REG.
Exhibit P12 TRUE COPY OF A NOTIFICATION NO.31/2015-
2020 DATED 08.09.2022
Exhibit P13 TRUE COPY OF THE AGRICULTURAL AND
W.P.(C). Nos.18633 & 18634 of 2022
25
2025:KER:117
PROCESSED FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY ACT, 1985
Exhibit P14 TRUE COPY OF THE NOTIFICATION NO.110 (RE-
2013)/2009-2014 DATED 06.02.2015
Exhibit P15 TRUE COPY OF G.O(P) DATED 24.07.2015
Exhibit P16 TRUE COPY OF G.O(P) DATED 16.05.2022
Exhibit P17 TRUE COPY OF AN ARTICLE ON SURIMI AND
OTHER MINCE BASED FISHERY PRODUCTS BY DR. K ELAVARASN Exhibit P18 TRUE COPY OF CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, GOVERNMENT OF INDIA (CMFRI) ANNUAL REPORT OF 2020 (EXECUTIVE SUMMARY) Exhibit P19 TRUE COPY OF CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, GOVERNMENT OF INDIA (CMFRI) ANNUAL REPORT OF 2021 (EXECUTIVE SUMMARY) Exhibit P20 TRUE COPY OF CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, GOVERNMENT OF INDIA (CMFRI) ANNUAL REPORT OF 2022 (EXECUTIVE SUMMARY) Exhibit P21 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2020, TITLED FISHERY RESOURCE MONITORING Exhibit P22 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2021, TITLED FISHERY RESOURCE MONITORING Exhibit P23 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2022, TITLED FISHERY RESOURCE MONITORING Exhibit P24 TRUE EXTRACT FROM CMFRI ANNUAL REPORT 2022, WHICH RECORD LANDINGS IN 2022 Exhibit P25 TRUE COPY OF THE INVESTIGATION RESULTS BY CMFRI ON REASON FOR DRASTIC DECLINE IN FISHERY OF INDIAN OIL SARDINE (SARDINELLA LONGICEPS) ALONG KERALA COAST DURING THE PERIOD 2013 TO 2015 W.P.(C). Nos.18633 & 18634 of 2022 26 2025:KER:117 Exhibit P26 TRUE COPY OF THE LIST OF MANUFACTURING FACILITIES REGISTERED WITH THE MANGALORE REGIONAL OFFICE OF THE 2ND RESPONDENT Exhibit P27 TRUE COPY OF THE APPLICATION FOR REGISTRARION OF PROCESSING PLANT ALONG WITH TAX INVOICE.
Exhibit P28 TRUE COPY OF APPLICATION FOR REGISTRARION OF STORAGE PREMISES ALONG WITH TAX INVOICE.