[Cites 0, Cited by 0]
Kerala High Court
K.N.Narayanan Namboothiripad vs K.Parameswaran Nair on 10 December, 2025
2025:KER:95372
W.P.(C). No.43208 of 2025
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025 / 19TH AGRAHAYANA,
1947
WP(C) NO. 43208 OF 2025
PETITIONERS:
1 K.N.NARAYANAN NAMBOOTHIRIPAD
AGED 64 YEARS
S/O.K.R. NARAYANAN NAMBOOTHIRIPAD, KANJIRAPPILLY
MANA, LOTUS LANE, THRISSUR, PIN - 680010
2 K.R.VASUDEVAN NAMBOOTHIRIPAD
AGED 64 YEARS
S/O.K.N.RAMAN NAMBOOTHIRIPAD, KANJIRAPPILLY MANA,
KAKKOOR.P.O., KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
3 K.N.SANKARAN NAMBOOTHIRIPAD
AGED 66 YEARS
S/O.K.R.NARAYANAN NAMBOOTHIRIPAD, KANJIRAPPILLY
MANA, KAKKOOR.P.O., KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
4 P.M.BRAHMADATHAN
AGED 66 YEARS
S/O.P.M.NARAYANAN NAMBOOTHIRIPAD, POOMULLY MANA,
VIYOOR.P.O., THRISSUR, PIN - 686610
5 K.S.ANILKUMAR,
AGED 60 YEARS
S/O.K.R.SAKTHIDHARAN NAMBOOTHIRIPAD, KANJIRAPPILLY
MANA, KAKKOOR.P.O., KOOTHATTUKULAM, ERNAKULAM,
PIN - 686662
BY ADVS.
SRI.V.R.GOPU
SHRI.J.NARAYANA PILLAI
SMT.URMILA.M.G
SMT.K.PRIYADERSINI
2025:KER:95372
W.P.(C). No.43208 of 2025
:2:
RESPONDENTS:
1 K.PARAMESWARAN NAIR
LIQUIDATOR OF M/S SREE BHADRA PARKS AND RESORTS
LIMITED, 37/1736E, KRIPASAGARM, K.MURALI ROAD,
KADAVANTHRA, ERNAKULAM, KERALA, PIN - 682020
2 K.SUBRAMANIAN
KIZHUKULATHIL HOUSE, SHANTHI BHAVAN,
KANHIRAMUKKU.P.O., MALAPPURAM, PIN - 679584
BY ADVS.
SMT.D.REETHA
SHRI.AKHIL SURESH
SMT.KALLIYANI KRISHNA B.
SHRI.AMRITH M.J.
SMT.ANITA ELIZEBETH BABU
SHRI.RAHUL T.
SRI.P.V.VINOD (BENGALAM)
SHRI.AKHIL K.M.
SMT.ANJALI NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:95372
W.P.(C). No.43208 of 2025
:3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
W.P.(C) No.43208 of 2025
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 10th day of December, 2025
JUDGMENT
The petitioners have approached this Court seeking the
following reliefs:
i)Issue a writ, order or direction in the nature of certiorari
quashing the impugned orders Exhibit P6 dated 13.09.2025,
Exhibit P7 dated14.10.2025, Exhibit P8 10.11.2025 and
Exhibit P9 dated 13.11.2025 passed by the NCLT Kochi Bench
in I.A (IBC )133/KOB/2025 and I.A (IBC) 134/KOB/ 2025 of
NCLT Kochi Bench.
ii) Declare that the NCLT erred in refusing to grant stay of
execution proceedings while a restoration petition and civil
appeal is pending before the Hon'ble Supreme Court.
iii) Restrain and stay the NCLT, Kochi Bench from enforcing
the impugned orders including disclosure of assets and
imposition of costs until disposal of the civil appeal pending
before the Hon'ble Supreme Court.
iv) To dispense with filing of the translation of vernacular
documents.
v) Pass such other orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case.
2. The specific contention raised by the petitioners is that
challenging the appellate order passed by the National Company
2025:KER:95372
Law Tribunal(NCLT), they have already approached the Apex Court
by filing an appeal and sought for a breathing time, so as to enable
them to move the Apex Court for obtaining an interim order. Only
for the said limited purpose, this Court has granted an interim
order, for a period of two weeks, on 18.11.2025. When the matter
came up for consideration on 02.12.2025, the time was extended
till 10.12.2025. Since the interim order has been granted only to
enable the petitioners to approach the Apex Court for obtaining
interim orders, and the time has already been extended once, I am
not inclined to continue the interim order any further. The
petitioners raised a grievance that as per Ext.P9, if the requisite
details are not furnished, they will be liable to pay the cost of
Rs.2,00,000/-, to be deposited into the National Defence Fund.
3. Taking into consideration the submission made by the
learned counsel for the petitioners that they will be mulcted with
cost as per Ext.P9, I am inclined to grant two weeks' time from
today to comply with the directions in Ext.P9.
Granting such limited relief, the above writ petition is closed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
2025:KER:95372
APPENDIX OF WP(C) NO. 43208 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER MISCELLANEOUS
APPLICATION NO.19432/2025 DATED
07.11.2025
Exhibit P2 THE TRUE COPY OF THE EXECUTION PETITION
NO. I.A (IBC) 133/KOB/2025 IN I.A (IBC)
196/KOB/2021 DATED 13.12.2024 FILED
BEFORE THE NCLT KOCHI BENCH
Exhibit P3 TRUE COPY OF THE APPLICATION I.A (IBC)
134/KOB/2025 IN I.A (IBC) 133/KOB/2025 IN
I.A (IBC) 196/KOB/2021 DATED 13.12.2024
Exhibit P4 THE REPLY AFFIDAVITS FILED BY THE
PETITIONERS IN I.A (IBC) 133/KOB/2025
BEFORE THE NCLT, KOCHI BENCH DATED
04.07.2025
Exhibit P5 THE REPLY AFFIDAVITS FILED BY THE
PETITIONERS IN I.A (IBC)134/KOB/2025
BEFORE THE NCLT, KOCHI BENCH DATED
04.07.2025
Exhibit P6 THE TRUE COPY OF THE ORDER IN I.A
(IBC)/133/KOB/2025 IN I.A
(IBC)/196/KOB/2021 OF NCLT KOCHI BENCH
DATED 13.09.2025
Exhibit P7 THE TRUE COPY OF THE ORDER IN I.A
(IBC)/133/KOB/2025 IN I.A
(IBC)/196/KOB/2021 OF NCLT KOCHI BENCH
DATED 14.10.2025
Exhibit P8 THE TRUE COPY OF THE ORDER IN I.A
(IBC)/133/KOB/2025 IN I.A
(IBC)/196/KOB/2021 OF NCLT KOCHI BENCH
DATED 10.11.2025
Exhibit P9 THE TRUE COPY OF THE COMMON ORDER IN I.A
(IBC)/133/KOB/2025 IN I.A
(IBC)/196/KOB/2021 OF NCLT KOCHI BENCH
DATED 13.11.2025
Exhibit P10 THE TRUE COPY OF THE PROFORMA FOR
MENTIONING AND LETTER OF URGENCY BY AOR
FOR THE PETITIONERS ASWATHI. M.K BEFORE
THE HON'BLE SUPREME COURT OF INDIA DATED
15.11.2025
