M.R.Gopalakrishnan Nair v. P.K.Jayalakshmi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 IN I.A.1689/2014 IN I.P.4/2014 OF SUB COURT, KOTTAYAM PETITIONER(S):
1. M.R.GOPALAKRISHNAN NAIR AGED 65 YEARS S/O.RAMAN NAIR, PLACKAL HOUSE, ANIKKADU KARA ANIKKADU VILLAGE, KOTTAYAM TALUK AND DISTRICT 686503
2. ANIL S.NAIR AGED 49 YEARS S/O.SREEDHARAN NAIR, SREENILAYM (KANIKUNNEL) PAMPAKKUDA PO, ONAKOOR VILLAGE, MUVATTUPUZHA TALUK ERNAKULAM DT. 686667
3. K.S.PRADEEPKUMAR AGED 54 YEARS S/O.SOMASUNDARAN NAIR, SREERAGAM, VADAKKUMPURAM PO CHENNAMANGALAM VILLAGE, VADAKKAN PARAVOOR TALUK ERNAKULAM DISTRICT 683521
4. LINTO BABY OOKKAN AGED 39 YEARS S/O.BABY, OOKAN HOUSE, EDAKKULAM PO IRINJALAKKUDA, POOMANGALAM VILLAGE MUKUNDAPURAM THRISSUR DISTRICT 680685
5. K.M.MATHEW, AGED 55 YEARS, S/O.MATHAI, KARAKKATTU HOUSE, ANIKKADU PO ANIKKADU VILLAGE, KOTTAYAM TALUK AND DISTRICT 686503 BY ADVS.SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENT(S):
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1. P.K.JAYALAKSHMI, AGED 47 YEARS W/O.VIJAYAKUMAR, PERUMBANAKUZHIYIL, MATTAKARA KARA AKALAKKUNNAM VILLAGE KOTTAYAM TALUK AND DISTRICT 686564
2. V.R.KRISHNAN NAIR, AGED 75 YEARS S/O.RAMAN PILLAI, PERUMBANAKUZHIYIL, MATTAKARA KARA AKALAKKUNNAM VILLAGE KOTTAYAM TALUK AND DISTRICT 686564
3. THOMAS LUKOSE, AGED 50 YEARS S/O.LUKOSE, CHAMAKKALAYIL HOUSE, KAIPUZHA KARA KAIPUZHA VILLAGE, KOTTAYAM TALUK AND DISTRICT 686602 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
TRUE COPY OF THE IA.NO.1689/2014 IN I.P NO.4/2014 DATED 28.08.2014 OF THE SUB COURT, KOTTAYAM P2:
TRUE COPY OF THE OBJECTIONS DATED NIL FILED BY THE 3RD RESPONDENT TO IA.NO.1689/2014 IN IP.NO.4/2014 DATED 28.08.2014 OF THE SUB COURT, KOTTAYAM RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No.655 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015
J U D G M E N T
The limited prayer made in this original petition under Article 227 of the Constitution of India is for a direction to the Sub Court, Kottayam to dispose of Ext.P1 application, which is an application filed by the creditors for appointment of a receiver to preserve the property and to make it available in case of adjudicating the debtor as insolvent. 2.
The insolvency petition has been filed by the creditors and it has been admitted on file. Normally, the question of appointment of receiver comes after adjudication. But however, by Section 20 of the Kerala Insolvency Act, it is possible to appoint interim receiver even before adjudication. There were no justification for the court below to have kept Ext.P1, petition pending from August 2014 onwards, especially, when the creditors have pointed out the urgent need for appointment of a receiver.
O.P.(C) No. 655 of 2015 -23.
In the nature of order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
This petition is allowed and the Sub Court, Kottayam is directed to dispose of Ext.P1 petition filed by the creditors as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Sd/- P.BHAVADASAN JUDGE //True copy// P.A. to Judge