Kerala High Court
Mather Projects Pvt Ltd vs Kannankara Mathew Thomas on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 23659 OF 2023
PETITIONER:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD, KOCHI-682035 REP BY ITS
CHIEF EXECUTIVE OFFICER ANU JOSEPH, AGED 51 YEARS, D/O
LATE KJ JOSEPH KARIPPAPARAMBIL, 50A, MYTHRI NAGAR,
MANIMALA ROAD, EDAPPALLY ERNAKULAM, PIN - 682024
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 KANNANKARA MATHEW THOMAS
ONAMTHANI HOUSE KUDAMURUTTI, PERINAD, PATHANAMTHITTA,
PIN - 689711
2 BABY KUTTY THOMAS
W/O KANNANKARA MATHEW THOMAS, ONAMTHANI HOUSE
KUDAMURUTTI, PERINAD, PATHANAMTHITTA, PIN - 689711
3 THE KERALA STATE CONSUMER DISPUTE REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM REP.
BY SECRETARY, PIN - 695010
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, ALONG WITH WP(C).26417/2023, 24623/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 26417 OF 2023
PETITIONER:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD,
KOCHI-682035 REP BY ITS
CHIEF EXECUTIVE OFFICER ANU JOSEPH,
AGED 51 YEARS, D/O LATE KJ JOSEPH
KARIPPAPARAMBIL, 50A,
MYTHRI NAGAR, MANIMALA ROAD,
EDAPPALLY, ERNAKULAM,
PIN - 682024
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 YOONUS PADINHARATHODI
S/O LATE ABDULLA. PT SATHRAM,
CHENNAMANGALLUR, MUKKAM, KOZHIKODE,
PIN - 673602
2 THE KERALA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695010
REP. BY SECRETARY,
PIN - 695010
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, ALONG WITH WP(C).23659/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 24623 OF 2023
PETITIONER:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD,
KOCHI-682035 REP BY ITS CHIEF EXECUTIVE
OFFICER ANU JOSEPH, AGED 51 YEARS,
D/O LATE KJ JOSEPH KARIPPAPARAMBIL,
50A, MYTHRI NAGAR, MANIMALA ROAD,
EDAPPALLY ERNAKULAM
PIN - 682024
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
ALBIN VARGHESE
FATHIMA SHALU S.
ABISHA.E.R
ARDRA ANIL
ANUPAMA NAIR
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
5
RESPONDENT:
1 PAUL PRAKASH
1201 TOPAZ, SOBHA CITY GURUVAYOOR ROAD,
PUZHAKKAL. P.O THRISSUR, PIN - 680553
2 THE KERALA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695010 REP. BY SECRETARY,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, ALONG WITH WP(C).23659/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 25136 OF 2023
PETITIONER:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD,
KOCHI-682035 REP BY ITS
CHIEF EXECUTIVE OFFICER ANU JOSEPH,
AGED 51 YEARS, D/O LATE KJ JOSEPH
KARIPPAPARAMBIL, 50A, MYTHRI NAGAR,
MANIMALA ROAD, EDAPPALLY,
ERNAKULAM, PIN - 682024
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 PRAVEEN KUMAR SUKUMARAN
S/O S. SUKUMARAN
NO.DM08-MILLEANNIUM HABITAT,
ITPL MAIN ROAD, KUNDALAHALLI P.O,
BANGALORE-560037
2 THE KERALA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM
REP.BY SECRETARY,
PIN - 695010
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, ALONG WITH WP(C).23659/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA,
1945
WP(C) NO. 25204 OF 2023
PETITIONER:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD,
KOCHI-682035 REP BY ITS CHIEF EXECUTIVE
OFFICER ANU JOSEPH, AGED 51 YEARS,
D/O LATE KJ JOSEPH KARIPPAPARAMBIL,
50A, MYTHRI NAGAR,
MANIMALA ROAD, EDAPPALLY
ERNAKULAM, PIN - 682024
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 MUHAMMED REYAS KUMMAYAPURATH
S/O KUNHAYAN KOYA,
PRIME ROSE, ULLIYERI P.O KOZHIKODE,
PIN - 673323
2 THE KERALA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM
REP. BY SECRETARY,
PIN - 695010
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
9
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, ALONG WITH WP(C).23659/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 25205 OF 2023
PETITIONER/S:
MATHER PROJECTS PVT LTD
KODIYATT CHAMBERS RAJAJI ROAD,
KOCHI-682035 REP BY ITS CHIEF EXECUTIVE
OFFICER ANU JOSEPH,
AGED 51 YEARS, D/O LATE KJ JOSEPH
KARIPPAPARAMBIL, 50A,
MYTHRI NAGAR, MANIMALA ROAD, EDAPPALLY
ERNAKULAM, PIN - 682024
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
N.ABHILASH
DEEPU RAJAGOPAL
ABISHA.E.R
ARDRA ANIL
FATHIMA SHALU S.
ANUPAMA NAIR
ALBIN VARGHESE
RESPONDENT/S:
1 ABDUL RAHUMAN AMEER
T.C 29/176(3) KAVARADI ROAD, PETTA
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
11
THIRUVANANTHAPURAM, PIN - 695024
2 THE KERALA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION
SISUVIHAR LANE, VAZHUTHACAUD,
THIRUVANANTHAPURAM
REP. BY SECRETARY, PIN - 695010
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, ALONG WITH WP(C).23659/2023
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
12
P.V.KUNHIKRISHNAN, J.
------------------------------
WP(C) Nos.23659,26417,25205,25204,
25136,24623 of 2023
----------------------------------------------
Dated this the 09th day of August, 2023
JUDGMENT
These writ petitions are filed by the Mather
Projects Pvt. Ltd. Almost same prayers are there in
these writ petitions. It will be better to extract the
prayers in one of the writ petitions. The prayer in
WP(C) No.25205/2023 is extracted hereunder;
"(i) Issue a writ, order or direction in the nature of
Mandamus or other appropriate writ directing the 2nd
respondent to take up and pass appropriate orders in
Ext.P1 petition as EA No.06/2023 in EP No.04/2017 in CC
No.79/2014 on the files of State Consumer Dispute
Redressal Commission, Thiruvananthapuram within a time
limit fixed by this Hon'ble Court, in the interest of justice.
(ii) Issue a writ, order or direction in the nature of
Mandamus or other appropriate writ directing the State
Consumer Dispute Redressal Commission,
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
Thiruvananthapuram to keep in abeyance all further
execution proceedings in EP No.04/2017 in CC No.79/2014
till Ext.P1 petition is considered, in the interest of justice.
(iii) To Grant such other reliefs which this Hon'ble Court
may deem fit and proper in the interest of justice."(SIC)
2. The petitioner in these cases filed an
execution application in the pending execution
petition regarding the maintainability of the execution
petition. Without considering that application, it is
submitted that a warrant is issued against the
petitioner by the Kerala State Consumer Dispute
Redressal Commission, is the submission. Hence,
these writ petitions are filed.
3. Heard the learned counsel appearing for the
petitioner. No notice is necessary for the party
respondents in these cases because of the way in
which these writ petitions are going to be disposed of.
If the party respondents are aggrieved by any of the
directions issued by this Court, they are free to file a
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
review petition before this Court.
4. The main grievance of the petitioner is that
the Kerala State Consumer Dispute Redressal
Commission, Thiruvananthapuram is proceeding with
the execution petition without considering the
application submitted by the petitioner regarding the
maintainability of the execution petition. Now, it is
submitted that, a warrant is also issued against the
petitioner in the execution petition. Considering the
facts and circumstances of these cases, I think there
can be a direction to the Kerala State Consumer
Dispute Redressal Commission, Thiruvananthapuram
to consider the maintainability application submitted
by the petitioner as far as the execution petition is
concerned and till then the coercive steps initiated
against the petitioner including the warrant can be
kept in abeyance.
Therefore, these writ petitions are disposed of
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
with the following directions;
i. The Kerala State Consumer Dispute Redressal
Commission, Thiruvananthapuram is directed to
consider Ext.P2 produced in WP(C) 25205/2023,
25136/2023,25204/2023 and Ext.P7 in WP(C)
23659/2023,24623/2023 and 26417/2023 and
pass appropriate orders in it, after giving an
opportunity of hearing to the petitioner and the
party respondents, as expeditiously as possible.
ii. Till final orders are passed in the above
execution application filed by the petitioner raising
the question of maintainability, coercive steps
against the petitioner including the warrant shall
be deferred.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 26417/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.11.2018 IN
CP(IB)3633/I&BP/MB/2018 OF NATIONAL
COMPANY LAW TRIBUNAL-MUMBAI BENCH
EXHIBIT P2 TRUE COPY OF THE FORM A PUBLIC
ANNOUNCEMENT DATED 07/12/2018 UNDER
REGULATION 6 OF THE INSOLVENCY AND
BANKRUPTCY BOARD OF INDIA
(INSOLVENCY RESOLUTION PROCESS FOR
CORPORATE PERSONS) REGULATIONS 2016]
EXHIBIT P3 TRUE COPY OF THE LIST OF FINANCIAL
CREDITORS ADMITTED BY THE INTERIM
RESOLUTION PROFESSIONAL IN THE
CORPORATE INSOLVENCY PROCESS
PERTAINING TO MATHER PROJECTS
PRIVATE LIMITED DATED NIL
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05TH
FEBRUARY 2019 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN C.P (IB) NO. 3633 OF 2018
EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 18TH MAY 2019 OF THE
FIFTH MEETING OF THE COMMITTEE OF
CREDITORS OF THE MATHER PROJECTS
PRIVATE LIMITED
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 18TH
JANUARY 2022 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN MISCELLANEOUS APPLICATION
NO. 1980 OF 2019 IN C.P. (IB) NO.
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
3633 OF 2018
EXHIBIT P7 TRUE COPY OF THE PETITION AS EA
NO.05/2023 IN EP NO.03/2017 IN CC
NO.78/2014 DATED 23.01.2023
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 24623/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.11.2018 IN
CP(IB)3633/I&BP/MB/2018 OF NATIONAL
COMPANY LAW TRIBUNAL-MUMBAI BENCH
EXHIBIT P2 TRUE COPY OF THE FORM A PUBLIC
ANNOUNCEMENT DATED 07/12/2018 UNDER
REGULATION 6 OF THE INSOLVENCY AND
BANKRUPTCY BOARD OF INDIA
(INSOLVENCY RESOLUTION PROCESS FOR
CORPORATE PERSONS) REGULATIONS 2016]
EXHIBIT P3 TRUE COPY OF THE LIST OF FINANCIAL
CREDITORS ADMITTED BY THE INTERIM
RESOLUTION PROFESSIONAL IN THE
CORPORATE INSOLVENCY PROCESS
PERTAINING TO MATHER PROJECTS
PRIVATE LIMITED DATED NIL
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05TH
FEBRUARY 2019 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN C.P (IB) NO. 3633 OF 2018
EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 18TH MAY 2019 OF THE
FIFTH MEETING OF THE COMMITTEE OF
CREDITORS OF THE MATHER PROJECTS
PRIVATE LIMITED
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 18TH
JANUARY 2022 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN MISCELLANEOUS APPLICATION
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
NO. 1980 OF 2019 IN C.P. (IB) NO.
3633 OF 2018
EXHIBIT P7 TRUE COPY OF THE PETITION AS EA
NO.07/2023 IN EP NO.05/2017 IN CC
NO.80/2014 DATED 23.01.2023
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 25136/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.11.2018 IN
CP(IB)3633/I&BP/MB/2018 OF NATIONAL
COMPANY LAW TRIBUNAL-MUMBAI BENCH
EXHIBIT P2 TRUE COPY OF THE PETITION AS EA
NO.10/2023 IN EP NO.17/2017 IN CC
NO.74/2015 DATED 23.01.2023
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 25204/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.11.2018 IN
CP(IB)3633/I&BP/MB/2018 OF NATIONAL
COMPANY LAW TRIBUNAL-MUMBAI BENCH
EXHIBIT P2 TRUE COPY OF THE PETITION AS EA
NO.09/2023 IN EP NO.02/2017 IN CC
NO.77/2014 DATED 23.01.2023
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 25205/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION AS EA
NO.06/2023 IN EP NO.04/2017 IN CC
NO.79/2014 DATED 23.01.2023
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
APPENDIX OF WP(C) 23659/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.11.2018 IN
CP(IB)3633/I&BP/MB/2018 OF NATIONAL
COMPANY LAW TRIBUNAL-MUMBAI BENCH
EXHIBIT P2 TRUE COPY OF THE FORM A PUBLIC
ANNOUNCEMENT DATED 07/12/2018 UNDER
REGULATION 6 OF THE INSOLVENCY AND
BANKRUPTCY BOARD OF INDIA
(INSOLVENCY RESOLUTION PROCESS FOR
CORPORATE PERSONS) REGULATIONS 2016]
EXHIBIT P3 TRUE COPY OF THE LIST OF FINANCIAL
CREDITORS ADMITTED BY THE INTERIM
RESOLUTION PROFESSIONAL IN THE
CORPORATE INSOLVENCY PROCESS
PERTAINING TO MATHER PROJECTS
PRIVATE LIMITED DATED NIL
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05TH
FEBRUARY 2019 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN C.P (IB) NO. 3633 OF 2018
EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 18TH MAY 2019 OF THE
FIFTH MEETING OF THE COMMITTEE OF
CREDITORS OF THE MATHER PROJECTS
PRIVATE LIMITED
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 18TH
JANUARY 2022 PASSED BY THE HON'BLE
NATIONAL COMPANY LAW TRIBUNAL MUMBAI
BENCH IN MISCELLANEOUS APPLICATION
WP(C) NO.25205,25204,25136,24623,23659,26417 OF 2023
NO. 1980 OF 2019 IN C.P. (IB) NO.
3633 OF 2018
EXHIBIT P7 TRUE COPY OF THE PETITION AS EA
NO.11/2023 IN EP NO.24/2017 IN CC
NO.139/2015 DATED 23.01.2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
