High Court of KeralaWP(C)/35229/2014dismissed as infructuous

Sameer Stanley v. The Official Liquidator

2015-01-30Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).NO. 35229 OF 2014 (C) ---------------------------- PETITIONER(S):

-------------- SAMEER STANLEY,AGED 41 YEARS S/O.P.S. STANLEY, H. NO. 49/1374A PUTHENVEETIL HOUSE, MEENCHIRA ROAD, PONEKKARA ERNAKULAM - AIMS 682041.

BY ADVS.SRI.B.N.SHIVSANKAR SMT.MEGHA MUKUNDASWAR RESPONDENT(S):

---------------

1. THE OFFICIAL LIQUIDATOR MINISTRY OF CORPORATE AFFAIRS, HIGH COURT OF KERALA.

2. OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR) KANAYANNUR TALUK, ERNAKULAM - 682011.

3. VILLAGE OFFICER, EDAPALLY SOUTH VILLAGE, ERNAKULAM - 682 024.

4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 35229 OF 2014 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT-P1-TRUE COPY OF THE NOTICE ISSUED BY THE 2ND AND 3RD RESPONDENTS DATED 16/09/2014.

EXHIBIT-P2-TRUE COPY OF THE DEMAND NOTICE ISSUED BY DEBTS RECOVERY TRIBUNAL IN O.A 28/2013 DATED 04/09/2014.

EXHIBIT-P3-TRUE COPY OF THE ORDER OF ATTACHMENT MADE BY THE FAMILY COURT, ERNAKULAM DATED 24/03/2014.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- ----------------------------------- Dated this the 30th day of January, 2015

J U D G M E N T

When this writ petition come up for admission, it was submitted by the learned counsel for the petitioner that he proposes to file an appeal against the order of this Court in C.C.No.285 of 2008 in C.P.No.3 of 2003, but he apprehended recovery proceedings pursuant to Ext.P1 notice in the interregnum. Taking note of this submission, a short stay was granted of further proceedings pursuant to Ext.P1 notice, for a period of 10 days so as to enable the petitioner to prefer an appeal against the order passed in the company petition. The petitioner did not file the appeal within a period of 10 days granted by this Court. When the matter was taken up on 22.01.2015, taking note of the submission of counsel for the petitioner that some more time was required for the purposes of filing the appeal, this Court extended the interim stay till today and the matter was posted today. Today, when the case is called up, counsel for the petitioner seeks some more time to file the appeal. While it is open to the petitioner to pursue his remedies by way of an appeal as stated above, I do not think there

is any necessity to continue the stay granted by this Court, which was only for the purposes of enabling the petitioner to seek appropriate remedies against the order of this Court in C.P.No.3 of 2003. In view of the fact that sufficient time has been granted by this Court to enable the petitioner to file the appeal, and it is the definite view of this Court that the petitioner must be relegated to the alternate remedy available to him, the writ petition is now dismissed as not maintainable.

A.K.JAYASANKARAN NAMBIAR JUDGE mns