Kitply has also extended its services overseas to the Middle East, Nepal Bangladesh and Pakistan. Get detailed Kitply Industries Ltd. stock price news and analysis, Dividend, Bonus Issue, Quarterly results information, and more. Kitply Industries Wholesale Surrey, BC 844 followers Award winning wholesales distributor selling 20,000 products for Wood Products Manufacturers from all over the world! Ajit Kumar Nag Vs. G.M. In the meantime, they also approached this Court once again by filing a writ petition being civil rule no. KITCHEN. It was only thereafter, the petitioner started to agitate for supply of the 34 documents in reference to their earlier letters mentioned above. 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. GST  19AAACK8228P1ZW, | 17. 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. 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 decisions have been pressed into service to bring home the point of argument that because of non-furnishing of the particular documents, there was violation of the principles of natural justice and consequently the respondents could not have passed the impugned order exparte. 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 1990, over three lakh kadam plants were planted in Assam and Arunachal Pradesh under industry-farmers nexus basis. 2. 8. When the matter rested thus, the petitioner approached this Court by filing the aforesaid writ petitions being Civil Rule No. 31. 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. 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. Our Network; Write To Us; 94324 94324; India's leading Plywood brand, a household name, a trusted partner for the past three decades. 38. The Apex Court in the case of State BankofPatiala Vs. S. K. Sharma, reported in (1996) 3 SCC 364 observed thus: 47. 15. Kitply Industries Ltd. (KITPLYIND) - Company History Promoted by S P Goenka, Kitply Industries (formerly Sudershan Plywood Industries) went public in Aug.'85. 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. 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. 2★ However, the same were dismissed on appeal. Kitply’s operations are spread throughout the country with 5 factories and 16 Sales Offices. In between, they also initiated tile writ proceeding against purported non-supply of documents. P.K.Goenka in 1982 in Assam, India. The above principle has been reiterated by the Apex Court in the case of Transmission Corporation Vs. Ch. 4. In the instant case inspite of receipt of the show cause notices and understanding the same so as to question the very jurisdiction towards issuance of the same, the petitioner has raised the issue relating to violation the principles of natural justice. It has a workforce of about 1000+ persons and a countrywide distribution network of over 300+ dealers. 21. The specific plea of the respondents in paragraph 22 of the counter affidavit that by letter dated 2.3.87, the petitioner was intimated about completion of taking Xerox copies of the seized documents on the basis of Which the show cause notices had been issued; that the petitioner again inspected and took copies of the records on 18.12.87 and 29.1.88 and accordingly Additional Collector directed them to file reply on 25.9.88; that the petitioner took photocopies/Xerox copies of the documents from 4.12.90 to 7.12.90 and again from 20.2.91 to 22.2.91; that they were asked to file reply within October, 1991 and again by 7.2.92 and once again by 6.6.97 have not been denied by the petitioner. 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. 12. 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. 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). However, it was provided in the interim order that the proceedings would go on, but no final order should be passed. 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. Brand: KITPLY. | Superintendent (Anti-Evasion)/ (Adjudication). Such an interim order was passed on the basis of the Miscellaneous Applications filed by the petitioner in the respective writ petitions. 44. 500,000,000 and its paid up capital is Rs. The matters could not attain its finality in view of the interim protection granted to the petitioner. Vs. Union of India in favour of the petitioner but reversed by the Division Bench by its judgment reported in 1997 (2) GLT 01, Union of India & Ors. 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. S.P.Goenka and Shri. In case of any confusion, feel free to reach out to us.Leave your message here. 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. 2 is engaged in the business of manufacture and sale of Plywood products. 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. The petitioner did not comply with the same and informed the respondents by their telegram, dated 12.2.87 that the person concerned had fallen sick. 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 Ltd, Kolkata. In the writ petitions pertaining to the first proceeding, there was no whisper about non-supply of any document, rather from the revelations made in the counter affidavit, they were given enough opportunities even to the extent of installing their own Xerox machine in the office premises of the respondents enabling them to get copies of the same which necessarily included the opportunity to examine the records. Kitply Cup; Media Contacts; Print Ads; TV Ads; Contact . Kitply Industries Limited, Park Street, Kolkata, West Bengal - Manufacturer of Kitply Gold BWP Grade Plywood, Kitply Kit 2000 MR and BWR Grade Block Board, Kitply Flush Doors, Kitply WPC Laminate Boards and Plywood, Teak Wood & Engineered Wood since 1982 ★★★★★ S.P.Goenka and Shri. 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. Kitply industries limited with CIN U20211AS1982PLC001969, is a 38.1 Years old, Public Indian Non-Government Company, registered at MARGHERITA (Assam), with a paid up capital of ₹1.00 Cr. 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. 650/1987; 856/1987 and 1072/1987 respectively. The company was originally incorporated on 26th August 1982, in Assam as Sudershan Plywood Industries Private Ltd. a leading company of the S.P.Goenka Group. 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. S.P.Goenka and Shri. (See R.V. 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. 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 … 28. 40. 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. 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. are parties wherein upon noticing a large number of decisions it was held: 29. It will be pertinent to mention here that no such plea was raised in the earlier writ proceedings, although the show cause notices were assailed on various grounds including the very jurisdiction of the authority to issue the same. Check out why Kitply Industries Ltd. share price is today. Please log in or sign up for a free trial to access this feature. and Sinha, J.) Kitply has bagged Top Export awards from Capexil for the periods 91-92, 93-94, 94-95 & 95-96. Kitply Industries General Information Description. He submitted that going by the sequence of events, the petitioner all along made all out efforts to escape from the liability. The petitioner, a company registered under the Companies Act, 1956, represented by the petitioner No. 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. 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. 45. – Ankit Sharma When I entered college and started thinking about pursuing a career in business, I never thought I’d find myself in woodworking. As noticed above, the writ petitions were entertained, keeping the question of maintainability open, in view of the alternative remedy available to the petitioner. 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. Which is the petitioner No. 1,00,0007- (second case) and Rs. Article 226 of the Constitution of India, Transmission Corporation Vs. Ch. The other two show cause notices are stated to be in the same line with the variations in respect of the demand and penalty. Khare, C.J. 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 products were marketed under the trade name "Swastik". Kitply’s operations are spread throughout the country with 5 factories and 16 Sales Offices. 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. ★★★★★ They must be confined within their limit and cannot be allowed to run wild. 27. 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. SHARMA, J. 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. Color: Brown. 20,00,0007- (third case) respectively. The respondents have filed their counter affidavits. 34. We aim to bring innovative and quality products to our consumers through active research and development. 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. 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. The petitioner reiterated their contention by appearing before the respondent No. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Kitply Industries Limited is India’s foremost manufacturer of Plywood and Blockboard. The company’s products occupy an enviable position in the Indian marketplace and have multifarious applications – Ranging from household to buildings to construction. 5. Its application will depend upon the facts and circumstances of each case. 2 on 14.3.2001 and the respondent No. Kitply’s brand name is synonymous with plywood and enjoys a high level of equity in the Indian market. Mr. H. Roy, learned Sr. 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. Thus, on the basis of the materials on record, I am of the considered opinion that the petitioner cannot take the plea of non-supply of documents by initiating further proceedings after conclusion of the first proceeding referred to above. Brands. 41,35,714.07 with penalty of Rs. 29. While interpreting legal provisions a court of law cannot be unmindful of the hard realities of life. 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. 26. Vs. Sudarshan Ploywood Industries Ltd. 9. The decisions on which Mr. Roy, learned Sr. The issue has been discussed in detail above. 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. The respondents by their communication, dated 2.12.97 once again requested the petitioner to submit their show cause reply. Prabhakar, reported in (2004) 5 SCC 551 and so also in the case of Rajureswar Associates Vs. State of Maharastra reported in (2004) 6 SCC 362. 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. Once again in July, 1986, a further request for allowing more time was made on ground of the operator having fallen sick and there being power shortage. 3.5/5 41. 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. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 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. 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. The principles of natural justice, it is trite, cannot be put in a straightjacket formula. 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. Additional Collector (TECH) Customs & Central Excise, Shillong To: 1. * Enter a valid Journal (must 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. 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". - The company has diversified into sugar manufacturing by setting up a 3500 tcd capacity sugar unit in western UP. The prayer of the petitioner for a final decision in the matter was also recorded in the order. 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. 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. provisions of the Central Excise Act, 1944 and the Rules, Whirlpool Corporation Vs. Registrar of Trade Marks, Collector of Central Excise Vs. Sanawarmal Purohit. Kitply Industries has received an approval for 'Suspension of work' at Rampur unit with effect from June 01, 2013. 7. Having a workforce of about 1000+ employees, it caters to a countrywide distribution network of over 300+ dealers. Such prayers made, were granted. 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. The petitioner made the aforesaid representations dated 19.12.97 and 24.2.98 asking for the documents and thereafter maintained silence in the matter till the personnel hearing was given to them on 14.3.2001 in which proceeding their submission to finalise the proceedings without keeping the same pending any longer was also recorded. 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. 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. 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. 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. The company started manufacturing various grades of plywood from 1986 at its factory is Assam. 1 in the present proceedings. They must yield to and change with existence of situation. It is on the strength of the interim orders passed by this Court, the impugned orders have not been implemented till date. Kitply Industries News and Announcements/notices, Live Kitply Industries corporate announcement on Deals, Bonus, Rights, Stock Splits, Dividends, Board Meetings, Quarterly Results on Moneycontrol. 37. On the plea of developing mechanical defects in the Xerox ma-chine, the petitioner requested for further time and the same was granted. It is inolved in Manufacture of products of wood, cork, straw and plaiting materials. Get Kitply Industries Ltd. live share price, historical charts, volume, market capitalisation, market performance, reports and other company details. Kitply Industries Limited is a Public incorporated on 26 August 1982. Learned counsel for the petitioner as well as the respondents have placed reliance on the decision of the Apex Court in Harbanslal Sangia (supra). As per the said direction of this Court, the petitioner was entitled to the copies of the said ,4 documents only if the same had not been supplied to them. Writ petitions are dismissed, leaving the parties to bear their own costs. civil rule no. 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. 11. 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. 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. 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. In view of the entire facts and circumstances of the case discussed above, the plea of violation of principles of natural justice is not available to the petitioner. 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. S.P.Goenka and Shri. Your profile on CaseMine allows you to build your network with fellow lawyers prospective! Of Duty were detected and on the Economic Times petition being civil rule.... Expanded its decorative lamination unit at Igatpuri in Maharashtra 31.3.85 and June, to! The Middle East, Nepal, Bangladesh and Pakistan order was passed Duty to the petitioner do. In reference to their earlier letters mentioned above must contains alphabet ) May, 2011 Issue show. 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