M/S.Air Travel Enterprises India Ltd vs Union Bank Of India
2023 Latest Caselaw 13756 Ker

Kerala High Court

M/S.Air Travel Enterprises India Ltd vs Union Bank Of India on 29 December, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

          FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945

                          WP(C) NO. 44183 OF 2023

PETITIONER/S:

            M/S.AIR TRAVEL ENTERPRISES INDIA LTD.
            1ST FLOOR, NEW CORPORATION BUILDING,PALAYAM,
            THIRUVANANTHAPURAM-695033. REPRESENTED BY ITS MANANGING
            DIRECTOR SRI.E.M.NAJEEB, AGED 69 YEARS, S/O. J.M.ELLIAS,
            RESIDING AT T.C.2/1240-4, PADIYATH HOUSE, KOWDIYAR,
            THIRUVANANTHAPURAM., PIN - 695033
            BY ADVS.
            R.SUDHIR
            K.PRAVEEN KUMAR


RESPONDENT/S:

            UNION BANK OF INDIA
            CHALAI BAZAR BRANCH, CHALAI, THIRUVANANTHAPURAM
            REPRESENTED BY ITS BRANCH MANAGER., PIN - 695036

OTHER PRESENT:

            SC-A.S.P. KURUP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.12.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.44183 OF 2023
                                       2



                             C. JAYACHANDRAN, J.
                    ....................................
                      W.P.(C)No.44183 of 2023
                    ....................................
               Dated this the 29th day of December, 2023

                                JUDGMENT

The petitioner is aggrieved by Ext.P3 order of the

National Company Law Tribunal, Kochi Bench.

2. Learned counsel for the petitioner submits that

Ext.P3 is an appealable order and that though an

appeal has already been preferred, no interim relief

could be secured, since there is no sitting in the

NCLT and that sitting will commence only on

02.01.2024. Learned counsel also invited the

attention of this Court to clause No.22(vi), at

running page No.56 of this Writ Petition, which

contemplates one week's time for the officers and

managers of the Corporate Debtor to provide the

documents and information to the IRP, which period,

according to the learned counsel for the petitioner, W.P.(C)NO.44183 OF 2023

expires only today.

3. In such circumstances, in order to preserve the

subject matter of the appeal, there will be a

direction to the IRP not to take possession and

charge of the Corporate Debtor in terms of Ext.P3,

for a period of two weeks, unless such possession has

already been taken over by the IRP, as claimed for by

the learned counsel for the IRP.

As agreed to by the learned counsel on both sides,

this Writ Petition is disposed of with the above

direction.

Sd/-

JAYACHANDRAN JUDGE Shg W.P.(C)NO.44183 OF 2023

APPENDIX OF WP(C) 44183/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE APPLICATION C.P (IBC) NO.33/KOB/2023 FILED BY THE RESPONDENT DATED 18.07/2023 EXHIBIT P2 A TRUE COPY OF WRITTEN SUBMISSIONS FILED ON BEHALF OF THE PETITIONER DATED 13.12.2023 EXHIBIT P3 A TRUE COPY OF THE ORDER NO.CP(IBC)/33/KOB/2023 DATED 22.12.2023