Kerala High Court
Ecgc Ltd. (Formerly Export Credit ... vs M/S.International Trade Links on 17 January, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
RP.No.383 OF 2017 IN WP(C). 18671/2003
AGAINST THE JUDGMENT IN WPC 18671/2003 DATED 07-06-2016 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/S:
ECGC LTD. (FORMERLY EXPORT CREDIT GUARANTEE
CORPORATION OF INDIA LTD.
BRANCH OFFICE, HDFC HOUSE, RAVIPURAM JUNCTION,
M.G.ROAD, ERNAKULAM, KOCHI-682015
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
RESPONDENT/S:
1 M/S.INTERNATIONAL TRADE LINKS
XXXIX/4575, PANAMPILLY NAGAR, HIG-19, KOCHI-
682036,REPRESENTED BY ITS PROPRIETOR MR. MAK AZAD
2 THE FEDERAL BANK LTD.
OVERSEAS BRANCH, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-
682031REPRESENTED BY ITS BRANCH MANAGER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
17.01.2020, ALONG WITH RP.459/2017, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
RP.No.459 OF 2017 IN WP(C). 18623/2003
AGAINST THE JUDGMENT IN WPC 18623/2003 DATED 07-06-2016 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/S:
ECGC LTD. (FORMERLY EXPORT CREDIT GUARANTEE
CORPORATION OF INDIA LTD.
BRANCH OFFICE, HDFC HOUSE, RAVIPURAM JUNCTION,
M.G.ROAD, ERNAKULAM, KOCHI-682015
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
RESPONDENT/S:
1 M/S.INTERNATIONAL TRADE LINKS
XXXIX/4575, PANAMPILLY NAGAR, HIG-19, KOCHI-
682036,REPRESENTED BY ITS PROPRIETOR MR. MAK AZAD
2 THE FEDERAL BANK LTD.
OVERSEAS BRANCH, SHANMUGHAM ROAD, ERNAKULAM, KOCHI-
682031REPRESENTED BY ITS BRANCH MANAGER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
17.01.2020, ALONG WITH RP.383/2017, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
JUDGMENT
[ RP.383/2017 in W.P.(C).No.18671/2003 & RP.459/2017 in W.P.(C).No.18623/2003] Dated this the 17th day of January 2020 The review petitioners in both these review petitions are one and the same. E.C.G.C. Ltd is the review petitioner, who is the first respondent in both the writ petitions. They have approached this Court, mainly, contending that this Court had not considered non declaration as well as declaration of the entire consignment by the writ petitioner before the shipping of the consignment.
2. This Court had no occasion to consider the said point involved. Whether it would have a bearing for repudiating the policy will have to be considered on the original side after referring to the pleadings and materials available. In the light of the fact that this Court had not considered the above point, it is appropriate to allow the review petitions. Accordingly, the review petitions are allowed. The writ petitions are restored to file.
Sd/-
A.MUHAMED MUSTAQUE
ms UDGE