Headstar Global Private Limited Vs State of Kerala (Kerala High Court)
In Headstar Global Private Limited Vs State of Kerala, the Kerala High Court considered a petition filed by a private limited company engaged in the export and import of food grains, pulses, and sugar. The petitioner challenged an order rejecting its application to unfreeze its bank account.
The dispute arose from a commercial transaction involving Apple Middle East General Trading LLC, a company based in the United Arab Emirates that imports and exports food grains and other food products. The company had issued a proforma invoice through Headstar Trading LLP to Spezia Organic Condiments Pvt. Ltd. for the export of 378 metric tons of sugar from Kochi to the UAE. As advance payment, ₹49.53 lakhs was transferred to the account of Spezia Organic Condiments Pvt. Ltd. at IDBI Bank in Kochi on the assurance that the consignment would be delivered within 30 days.
However, the sugar was not dispatched. It later emerged that the export could not proceed due to a change in government policy prohibiting sugar exports from India. The Directors of Spezia Organic Condiments Pvt. Ltd. initially promised to refund the advance but failed to do so. Consequently, a complaint was filed, resulting in the registration of Crime No. 732 of 2024 at Kalamassery Police Station for offences under Sections 406 and 420 read with Section 34 of the Indian Penal Code.
