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Kerala High Court

Suresh Forex Servics Pvt. Ltd vs The Reserve Bank Of India on 6 March, 2015

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                 MONDAY,THE 10TH DAY OF APRIL 2017/20TH CHAITHRA, 1939

                                   WP(C).No. 5597 of 2017 (Y)
                                      ---------------------------


PETITIONER :
---------------------


                SURESH FOREX SERVICS PVT. LTD.,
                NEAR GRAND COLLEGE, THEKKUMGOPURAM, KOTTAYAM, PIN-686 001,
                REPRESENTED BY ITS MANAGING DIRECTOR V.S.SURESH BABU,
                AGED 57, S/O.SANKARA NARAYANAN, NANDANAM,
                NEAR UNION CLUB ROAD, KOTTAYAM, PIN-686 001.


                     BY ADV. SRI.AJAYA KUMAR. G

RESPONDENT(S):
---------------------------

        1. THE RESERVE BANK OF INDIA,
            FOREIGN EXCHANGE DEPARTMENT, POST BOX NO.3065,
            ERNAKULAM NORTH P.O., ERNAKULAM,
            REPRESENTED BY THE GENERAL MANAGER,
            RESERVE BANK OF INDIA, FOREIGN EXCHANGE DEPARTMENT,
            POST BOX NO.3065, ERNAKULAM NORTH P.O.,
            ERNAKULAM-680 018.

        2. THE GENERAL MANAGER,
            RESERVE BANK OF INDIA, FOREIGN EXCHANGE DEPARTMENT,
            POST BOX NO.3065, ERNAKULAM NORTH P.O.,
            ERNAKULAM-680 018.




            THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
            ON 10-04-2017, THE COURT ON THE SAME DAY DELIVERED
            THE FOLLOWING:




sts

WP(C).No. 5597 of 2017 (Y)
---------------------------------------

                                              APPENDIX

PETITIONER(S)' EXHIBITS
---------------------------------------

EXHIBIT P1          TRUE COPY OF THE FFMC LICENSE NO.CHN FFMC.46/2007 ISSUED BY
                    THE FIRST RESPONDENT TO THE PETITIONER COMPANY.

EXHIBIT P2          THE APPLICATION DATED 6-3-2015 ISSUED BY THE PETITIONER TO
                     THE 1ST RESPONDENT HEREIN FOR RENEWAL OF REGISTRATION.

EXHIBIT P3          TRUE COPY OF THE LETTER DATED 8-10-2015 ISSUED BY THE
                     PETITIONER COMPANY TO THE 2ND RESPONDENT.

EXHIBIT P4          TRUE COPY OF THE LETTER DATED 10-10-2015 ISSUED BY THE
                     PETITIONER COMPANY TO THE 2ND RESPONDENT HEREIN.

EXHIBIT P5          TRUE COPY OF THE LETTER DATED 29-10-2015 ISSUED BY THE 1ST
                     RESPONDENT TO THE PETITIONER COMPANY.

EXHIBIT P6          TRUE COPY OF THE LETTER DATED 2-11-2015 ISSUED BY THE 1ST
                     RESPONDENT TO THE PETITIONER COMPANY.

EXHIBIT P7          TRUE COPY OF THE LETTER DATED 12-11-2015 ISSUED BY THE 1ST
                     RESPONDENT TO THE PETITIONER COMPANY.

EXHIBIT P8          TRUE COPY OF THE LETTER DATED 21-12-2016 ISSUED BY THE
                     PETITIONER COMPANY TO THE 2ND RESPONDENT HEREIN.

EXHIBIT P9          TRUE COPY OF THE LETTER DATED 21-12-2016 ISSUED BY THE 1ST
                     RESPONDENT HEREIN TO THE PETITIONER.


RESPONDENT(S)' EXHIBITS:                           NIL
--------------------------------------------




                                                       /TRUE COPY/


                                                       P.A.TO JUDGE




sts



                           SHAJI P. CHALY, J.
                   -----------------------------------------------
                     W.P.(C). No.5597 of 2017
               -----------------------------------------------
              Dated this the 10th day of April, 2017



                                JUDGMENT

Petitioner is a private limited company engaged in the business of money changing. First respondent on 10.4.2007 granted a Full Fledged Money Changer Licence to the petitioner company in exercise of the powers conferred under Section 10 of the Foreign Exchange Management Act, 1999 and also the Rules appended to the same. According to the petitioner, the same was being renewed periodically. Even though petitioner has submitted Ext.P2 application seeking to renew the licence, same is not attained finality even though certain developments have taken place consequent to the submission of the application. In that constrained circumstances, petitioner has submitted Ext.P9 representation to attain finality to Ext.P2 application but, the same did not yield any result. It is in this background, this writ petition is filed.

2. Even though a notice is served on the respondents, there is no appearance. Having heard learned counsel for petitioner, there will be a direction to the competent among the W.P.(C). No.5597 of 2017. 2 respondents to take on board Ext.P2 application and attain finality to the same at the earliest and at any rate within a month from the date of receipt of a copy of this judgment.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE smv 10.4.2017