Kerala High Court
Samson T George vs Sunil Kumar Krishnakumar on 7 July, 2025
O.P.(C) No. 412 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
OP(C) NO. 412 OF 2025
AGAINST THE ORDER DATED 06.09.2024 IN IA NO.498/2023
IN CP NO.11 OF 2020 OF NATIONAL COMPANY LAW TRIBUNAL, KOCHI
BENCH, KAKKANAD
PETITIONERS/RESPONDENT NOS.3 & 4:
1 SAMSON T GEORGE
AGED 60 YEARS, S/O T.A. GEORGE,
THANNINILKUNNATHIL HOUSE, PARIYARAM,
ELANTHOOR P.O, ELANTHOOR VILLAGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 643,
NOW RESIDING AT P.O BOX NO. 9330, AHMADI, KUWAIT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
ALEX JOSEPH, AGED 62, S/O LATE JOSEPH,
RESIDING AT NO.7, JOR BAGH, JOR BAGH VILLAGE,
NEW DELHI, PIN - 110 003.
2 BABU MATHEW
AGED 66 YEARS, S/O LATE T.G. MATHEW,
THEODICAL HOUSE, THEODICAL P.O, AYROOR VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 613, REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER, ALEX JOSEPH, AGED 62,
S/O LATE JOSEPH, RESIDING AT NO.7, JOR BAGH,
JOR BAGH VILLAGE, NEW DELHI, PIN - 110 003.
BY ADVS.
SRI.C.S.MANU
SHRI.S.K.PREMRAJ
SMT.V.SARITHA
SRI.DILU JOSEPH
SRI.C.A.ANUPAMAN
SHRI.T.B.SIVAPRASAD
SMT.NEETHU.K.SHAJI
O.P.(C) No. 412 of 2025
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SRI.C.Y.VIJAY KUMAR
SMT.MANJU E.R.
SHRI.ALINT JOSEPH
SHRI.PAUL JOSE
SMT.DAINY DAVIS
SMT.RILNA RADHAKRISHNAN
SHRI.MAHESH KUMAR K.
RESPONDENTS/APPLICANT NOS.1&2 AND RESPONDENT NOS.1&2:
1 SUNIL KUMAR KRISHNAKUMAR
AGED 54 YEARS, S/O LATE M. KRISHNAKUMAR,
FLAT NO. 1014, MIR GREEN METROPOLIS,
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682 030,
EMAIL: [email protected].
2 ANUPAMA SUNIL KUMAR
AGED 47 YEARS, W/O SUNIL KUMAR KRISHNAKUMAR,
FLAT NO.1014, MIR GREEN METROPOLIS, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682 030,
EMAIL: [email protected],
3 THE LIQUIDATOR
MIR REALTORS PVT. LTD, ANNIE ABRAHAM, ANN VILLA,
FATHIMA CHURCH LANE, ELAMKULAM, KADAVANTHRA P.O,
ERNAKULAM, PIN - 682 020,
EMAIL: [email protected],
MOBILE NO: 9447540102,
4 MIR REALTORS PVT. LTD.
REPRESENTED BY ITS SUSPENDED MANAGING DIRECTOR,
K. ARUNKUMAR, HOUSE NO. 2698, CHOORAPARAMBU ROAD,
NEAR METRO PILLAR NO. 558A, KALOOR P.O, KOCHI,
PIN - 682017. E-MAIL: [email protected],
[email protected] , [email protected],
BY ADVS.
SMT.K.J.KARTHIKA
SHRI.NIDHI SAM JOHNS
SRI.LIJO JOSEPH (THOPPIL)
O.P.(C) No. 412 of 2025
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SRI.A.KEVIN THOMAS
SMT.CELIA SANTHOSH
SHRI.JERIN GEORGE
SRI.M.A.SHAJI
SHRI.LLOYD ARBY
SHRI.TEJUS K.P.
SRI.FARAEZ KHAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 412 of 2025
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JUDGMENT
(Dated this the 7th day of July, 2025)
This petition is filed by the petitioners by
challenging the order passed by the National Company Law
Tribunal, Kochi Bench, on 06.09.2024, having rejecting the
prayer of the petitioner's for filing a reply.
2. Heard the arguments of learned counsel for the
petitioners through Video Conference, the learned counsel
for the respondents 1 & 2 and the learned counsel for the
Liquidator, respondents 3 & 4.
3. The case of the petitioners is that the
petitioners/Respondents 3 & 4 sought time for filing the
reply in the liquidation proceedings in IA (IBC)/498/KOB/
2023 in CP (IBA)/11/KOB/2020 on the file of NCLT, Kochi
Bench, which came to be rejected by impugned order dated
06.08.2024, holding that there is already pre-emptory
order for granting three weeks time finally to file reply after
furnishing copy on the other side and if the reply was not
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filed, the right of filing reply is forfeited. Accordingly, on
06.09.2024, the tribunal stated, the pleadings were
completed. Hence, the petitioner is approached before this
Court.
4. The Learned counsel for the petitioners
contended that the tribunal committed error in rejecting the
prayer and not considering the reply, yet to file by the
petitioners mainly on the ground of there is no time limit
prescribed under Rule 41 of the NCLT Rules, 2016. Such
being the case, the question of granting cut off time
cannot be permissible and forfeiting the right of petitioners
for filing the reply, cannot be rejected. Even, there were 26
similar applications were pending before the NCLT, that was
not considered. Such being the case, an opportunity to be
given to the petitioners, as a principle of natural justice for
filing the reply, therefore, prayed for setting aside the
order.
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5. Per contra, the learned counsel for the
respondents seriously objected to the petition mainly on the
ground of the petitioners not challenged the order dated
06.08.24, it is only challenged the order dated 06.09.24,
where it is only stated, pleadings were completed.
Whereas, the pre-emptory order was passed on 06.08.24,
stating that if the reply was not filed within 3 weeks, the
right of filing reply stand fortified, that was not challenged
by the petitioners. At this stage, the learned counsel for the
petitioners has permitted to amend the prayer for inserting
the date 06.08.2024 instead of 06.09.2024.
6. The learned counsel for the petitioners is
permitted to carry out the amendment, at this stage.
However, mentioning the date as 06.08.2024 instead of
06.09.24 is only technical issue and cannot go into merit of
the case.
7. Considering the facts and circumstances of the
case, on hearing the counsel for the parties and perused
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the Rule 41 of the NCLT Rules, wherein the Rules does not
provide any time limit for filing the counter within a fixed
time for filing the counter, even Rule 42, the petitioners can
file rejoinder. Thereafter, the Bench can call for further
information and post the matter for evidence. As per Rule
43, even after filing the rejoinder, the tribunal has power to
call further information from the parties to the lis. Such
being the case, even otherwise, as per Rule 51, it says that
the tribunal may regulate its own procedure in accordance
with Rules of natural justice and equity for the purpose of
discharging its function under the Act. Of course, as stated
by the learned counsel for the respondents that the
liquidation proceedings shall be completed within one year.
But on perusal of the very record of the tribunal, though
the liquidation proceedings initiated in June 2023, but the
matter is went on, adjourning the matters even till August
2024 for filing reply. Such being the case, when there is no
cut off date prescribed in the NCLT Rules, though the
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tribunal can follow its own procedure, but that does not
mean to restrict the right of the parties for filing the reply.
Though, there is a pre-emptory order passed by the
tribunal but on 06.09.2024 only one week was lapsed than
three weeks granted by Tribunal. Such being the case, the
tribunal ought to have given opportunity to file counter by
recalling the order dated 06.08.2024.
8. Considering the facts and circumstances of the
case, in the interest of providing an opportunity and
following the principles of natural justice, the tribunal ought
to have allowed the petitioners for filing reply and even a
pre-emptory order has been passed that will not take away
the power of the tribunal for granting such time, in view of
the Rule 41 of the NCLT Rules.
9. Therefore, I am of the view that, the order of the
tribunal called for interference and the petitioner is entitled
for filing reply, if it is ready.
10. Accordingly, the Original petition is allowed.
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i. The impugned order dated 06.08.2024/
06.09.2024 is hereby set aside.
ii. The tribunal is directed to permit the petitioners
to file the reply on or before 10.07.2025, with
cost of Rs.10,000/- payable to respondents
herein.
Sd/-
K. NATARAJAN
JUDGE
S.M.K.
2025:KER:49744
APPENDIX OF OP(C) 412/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE IA(IBC)/498/2023 IN
CP(IBA)/11/KOB/2020 ON THE FILE OF THE
NCLT, BENCH FILED BY THE RESPONDENT
Exhibit P-2 CERTIFIED COPY OF THE ORDER DATED 06-
09-2024 IN IA(IBC)/498/KOB/2023 IN
CP(IBA)/11/KOB/2020, FORFEITING THE
RIGHT OF THE PETITIONERS TO FILE THEIR
REPLY STATEMENT
Exhibit P-3 TRUE COPY OF THE REPLY STATEMENT
PREPARED BY THE PETITIONERS IN
IA(IBC)/498/KOB/2023 IN
CP(IBA)/11/KOB/2020 EXCLUDING THE
DOCUMENTS TO BE FILED ALONG WITH IT
RESPONDENT EXHIBITS
Exhibit R 1 (1) True copy of daily order dated 3rd June
2024 of the Honble NCLT Kochi Bench in
IA IBC 498 KOB 2023 in IBA 11 KOB 2020
Exhibit R 1 (2) True copy of daily order dated 6th
August 2024 of the Honble NCLT Kochi
Bench in IA IBC 498 KOB 2023 in IBA 11
KOB 2020
