Sri.Babu Markose vs Official Liquidator
2024 Latest Caselaw 28425 Ker

Kerala High Court

Sri.Babu Markose vs Official Liquidator on 25 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

WP(C) NO. 32863 OF 2024            1         2024:KER:71415
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR.JUSTICE V.G.ARUN

WEDNESDAY, THE 25th DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                     WP(C) NO. 32863 OF 2024

PETITIONERS:

    1    SRI.BABU MARKOSE, AGED 66 YEARS,
         PALIATH HOUSE, FLAT NO. G-4, SABARI GARDEN,
         VADAKKEKOTA, TRIPUNITHURA.P.O,
         ERNAKULAM DISTRICT, PIN - 682301

    2    MRS. SALI BABU, AGED 59 YEARS,
         PALIATH HOUSE, FLAT NO. G-4, SABARI GARDEN,
         VADAKKEKOTA, TRIPUNITHURA.P.O,
         ERNAKULAM DISTRICT, PIN - 682301

    3    SRI.FEBIN MARKOSE, AGED 34 YEARS,
         S/o BABU MARKOSE, PALIATH HOUSE, FLAT NO. G-4,
         SABARI GARDEN, VADAKKEKOTA, TRIPUNITHURA.P.O,
         ERNAKULAM DISTRICT, PIN - 682301

         BY ADVS. R.KISHORE (KALLUMTHAZHAM)
                  G.KIRAN


RESPONDENT:
          OFFICIAL LIQUIDATOR,
          HIGH COURT OF KERALA, COMPANY LAW BHAVAN,
          3RD FLOOR,B.M.C.ROAD,THRIKKAKARA.P.O,
          KOCHI, PIN - 682031

         BY SRI. K. MONI, SC FOR OFFICE OF THE OFFICIAL
         LIQUIDATOR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 32863 OF 2024               2          2024:KER:71415


                          JUDGMENT

Dated this the 25th day of September, 2024

The learned Standing Counsel for the Official Liquidator

submits that the jurisdiction to consider petitioners' claim is

vested exclusively with the company court. As I find the

submission to be well founded, the writ petition is closed,

without prejudice to the petitioners' right to approach the

company court.

Sd/-

V.G.ARUN JUDGE

DMR/-

WP(C) NO. 32863 OF 2024 3 2024:KER:71415 APPENDIX OF WP(C) 32863/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AFFIDAVIT OF THE 1ST PETITIONER DATED 17TH AUGUST 2024

Exhibit P2 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND PETITIONER DATED 17TH AUGUST 2024

Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT OF THE 3RD PETITIONER DATED 17TH AUGUST 2024

Exhibit P4 THE TRUE COPY OF THE LETTER ISSUED TO THE 1ST PETITIONER DATED 08.08.2024

Exhibit P5 THE TRUE COPY OF THE LETTER ISSUED TO THE 2ND PETITIONER DATED 07.08.2024

// TRUE COPY //

P.A. TO JUDGE