IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI &

THE HONOURABLE MR.JUSTICE BASANT BALAJI TH THURSDAY, THE 15 DAY OF JUNE 2023 / 25TH JYAISHTA, 1945 WA NO. 806 OF 2023 WP(C) 19827/2022 OF HIGH COURT OF KERALA APPELLANT/S:

1 JOHN JACOB,AGED 31 YEARS S/O JACOB SAMSON, RESIDING AT TC 95/1580(3) NANDANAM, PADINJATTIL LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011 2 SAMUEL JACOB,AGED 31 YEARS S/O JACOB SAMSON, RESIDING AT TC 95/1580(3) NANDANAM, PADINJATTIL LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011 BY ADVS.P.MARTIN JOSE P.PRIJITH,THOMAS P.KURUVILLA R.GITHESH,AJAY BEN JOSE,MANJUNATH MENON, SACHIN JACOB AMBAT ANNA LINDA EDEN,HARIKRISHNAN S.

S.SREEKUMAR (SR.)

RESPONDENT/S:

1 ANIL DAVIDSON,TC 3/159, JIJU NIVAS, PARUTHIPPARA, MUTTADA P.O., THIRUVANATHAPURAM, PIN - 695025

2 ANITHA EAPEN ABRAHAM,TC 3/159, JIJU NIVAS, PARUTHIPPARA, MUTTADA P.O., THIRUVANATHAPURAM, PIN -

695025

3 MR. K.PARAMESWARAN NAIR (REG NO. IBBI/IPA-001/IP-P01773/2019-2020/12702)

INTERIM RESOLUTION PROFESSIONAL IN CP(IB)/05/KOB/2021 PENDING BEFORE NCLT, KOCHI BENCH RESIDING AT 37/1736 E, KRIPASAGARAM, KMRUALI ROAD, KADAVANTHARA,ERNAKULAM, KERALA, PIN - 682020 BY ADVS.

L.MOHANAN VINOD PV D.REETHA(K/1069/2003)

C.ANCHALA(K/000717/2016)

M/S.INDIALAW(FM-3)

OTHER PRESENT:

LIGEY ANTONY - R1 AND R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated this the 15th day of June 2023)

Basant Balaji J., The unsuccessful petitioners in W.P.(C) No.19827 of

2022 are the appellants. The petitioners filed the Writ petition to set aside E.P.No.14 of 2017 in C.C. No.84 of 2016 pending before the Kerala State Consumer Redressal Commission, Thiruvananthapuram (for short ‘the State Commission’) and for a further direction to recall the non-bailable warrant issued against the petitioners.

2. The case narrative is already excerpted in the judgment of the learned Single Judge, and therefore, it is not repeated here. By the impugned judgment, the learned Single Judge dismissed the writ petition.

3. The question to be considered in this Writ Appeal is whether the learned Single judge was correct in dismissing the Writ Petition and, further, a question whether during the pendency of the proceedings under The Insolvency and Bankruptcy Code, 2016 (for short ‘the Code 2016’) in respect of the company M/s.Samson and Sons Builders and Developers Pvt. Ltd. (for short ‘the Company’), can the Commission execute the award against the company as well as the Managing Director of the company. Respondent Nos.1 and 2 have filed C.C. No.84 of 2016 against the Company, represented by its Director as the first opposite party and the Managing Director of the company, as the 2nd opposite party. The State Commission, by judgment dated 2.12.2016, passed a judgment as follows:

“In the result, complaint is allowed in part. Opposite parties are directed to pay to the complainants Rs.25,50,000/-, with interest at the rate of 12% per annum from the respective date of payment. As interest is awarded at the rate of 12% per annum no separate compensation is awarded.”

4. On 17.3.2017, E.A. No.14/2017 was filed for executing the award of the Commission. On 1.1.2018, the appellants filed E.A.No.1 of 2018 in E.P. No.14 of 2017 with a prayer to dismiss the execution application filed under Section 27 of the Consumer Protection Act, 1986 (for short ‘the Act’) with an option to the decree-holder to file an application under Section 25 of the Act, if he so desires. The State Commission, by order dated 25.7.2019, dismissed E.A. No.1 of 2018. The petitioners challenge the original order of the State Commission dated 2.12.2016 and the order in E.A.No.1 of 2018 dated 25.7.2019, before the National Consumer Disputes Redressal Commission, New Delhi (for short ‘the National Commission). The National Commission on 29.8.2019 dismissed the appeal filed by the petitioners. Aggrieved by the order of the Nati