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Kerala High Court
Samson T. George vs Union Of India on 31 January, 2026
W. A. No. 2592 of 2025
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2026:KER:8122
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
WA NO. 2592 OF 2025
AGAINST THE JUDGMENT DATED 22.09.2025 IN WP(C)
NO.29457 OF 2025 OF HIGH COURT OF KERALA
APPELLANT/S:
1 SAMSON T. GEORGE
AGED 60 YEARS
S/O T.A GEORGE, THANNINILKUNNATHIL HOUSE,
PARIYARAM, ELANTHOOR P.O, ELANTHOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, NOW
RESIDING AT P.O BOX NO. 9330, AHMADI, KUWAIT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, ALEX
JOSEPH, AGED 62 , S/O THE LATE JOSEPH, RESIDING
AT NO.7, JOR BAGH, JOR BAGH VILLAGE, NEW DELHI.,
PIN - 110003
2 BABU MATHEW
AGED 67 YEARS
S/O THE LATE T.G. MATHEW, THEODICAL HOUSE,
THEODICAL P.O,AYROOR VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT, REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER, ALEX JOSEPH, AGED 62, S/O THE
LATE JOSEPH,RESIDING AT NO.7, JOR BAGH, JOR BAGH
VILLAGE,NEW DELHI., PIN - 110003
3 PHILIP P. JOHN
AGED 71 YEARS
S/O THE LATE KURAVAKKAL PHILIP JOHN HAVING
ADDRESS AT KUREKATTIL HOUSE, ARANMULA P.O.,
EDASSERRIMALA MURI, ARANMULA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT AND
RESIDING AT 107, OMAR AVENUE, AVENEL, NJ 07001,
USA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
MR. ALEX JOSEPH, AGED 62 YEARS, S/O LATE
W. A. No. 2592 of 2025
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2026:KER:8122
JOSEPH,RESIDING AT NO.7, JORBAGH, JORBAGH
VILLAGE,NEW DELHI., PIN - 110003
BY ADV SRI.C.S.MANU
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN,
NEW DELHI., PIN - 110001
2 NATIONAL COMPANY LAW TRIBUNAL
KOCHI BENCH, COMPANY LAW BHAVAN, BMC ROAD,
THRIKKAKARA P.O, ERNAKULAM, REPRESENTED BY ITS
REGISTRAR., PIN - 682021
3 ANNIE ABRAHAM
LIQUIDATOR, MIR REALTORS PVT. LTD. (IN
LIQUIDATION), RESIDING AT ANN VILLA, FATHIMA
CHURCH LANE, ELAMKULAM, KADAVANTHARA
P.O,ERNAKULAM., PIN - 682020
BY ADVS. SMT.PARSHATHY S.R., CGC
SRI. A. KEVIN THOMAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 2592 of 2025
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2026:KER:8122
JUDGMENT
Dated this the 31st day of January, 2026
Soumen Sen, C. J.
The learned counsel for the appellants has submitted
that the properties covered by Ext. P31 do not belong to the
company, and therefore, cannot form part of the liquidation
proceedings.
2. This issue has been raised before the NCLT and it
appears that the NCLT is in seisin of the matter.
3. The prayer for summary adjudication of the said
issue dehors all other facts may not be possible, as the issue
prima facie appears to be inextricably connected. Even for the
tribunal to arrive at a decision that it lacks jurisdiction,
material facts would have to be brought on record, unless it
explicitly appears from the record that the Tribunal would
otherwise have no jurisdiction to entertain the petition.
4. The learned Single Judge has taken note of all
relevant facts and has passed an order which, in our view,
does not call for any interference. The interests of the
2026:KER:8122
appellants seem to have been protected in the last but one
paragraph of the impugned judgment.
5. In view of the above, the appeal stands dismissed.
Sd/-
SOUMEN SEN
CHIEF JUSTICE
Sd/-
SYAM KUMAR V. M.
JUDGE
Eb
