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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Arun Mathews Philip, S/o P.M Philipose – Appellant
Versus
Adjudicating Authority, National Company Law Tribunal Kochi Bench – Respondent
| Table of Content |
|---|
| 1. common issues in writ petitions. (Para 1 , 2) |
| 2. jurisdictional challenges to nclt proceedings. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of jurisdiction of nclt. (Para 7 , 8) |
| 4. nclt jurisdiction validated by court. (Para 9 , 10) |
JUDGMENT :
VIJU ABRAHAM, J.
Since common issues are involved in these writ petitions, they are heard and disposed of by a common judgment. For convenience, W.P.(C) No.29909 of 2025 is treated as the leading case and the facts of the said case will be adverted to in this judgment.
2. W.P.(C) No.29909 of 2025 is filed challenging Ext.P6 order dated 08.07.2025 passed by the 1st respondent the National Company Law Tribunal, Kochi Bench (hereinafter referred to as “NCLT, Kochi”). Petitioner has also sought for a direction to the 1st respondent not to register petitions filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “IB Code, 2016”) without pending Corporate Insolvency Resolution Process (hereinafter referred to as “CIRP”) proceedings against the respective corporate debtor. Petitioner challenges the proceedings as well as the order of admission dated 08.07.2025 passed in CP(IB)/56/KOB/2023 by the NCLT,
The NCLT has jurisdiction to adjudicate insolvency petitions against personal guarantors even in the absence of pending CIRP against the corporate debtor, as per the provisions of the Insolvency and ....
The DRT has jurisdiction to entertain applications against personal guarantors and Section 60(1) of the IBC cannot be read to confer exclusive jurisdiction only on the NCLT.
The court ruled that insolvency proceedings involving personal guarantors must be directed to the NCLT when a corporate debtor is undergoing resolution or liquidation, as clarified by the Supreme Cou....
The court established that the nature of challenge under Article 226 and the absence of jurisdiction could trigger the invocation of the High Court's jurisdiction. The court also clarified that the f....
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
The court clarified that under Section 10-A, defaults continuing after a moratorium remain subject to insolvency proceedings, affirming NCLT's authority in such matters.
NCLT has jurisdiction under IBC Section 60(5)(c) to defreeze demat accounts holding corporate debtor's undisputed shares, frozen for crystallized listing fee dues, as issue relates to insolvency proc....
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