IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)

In the matter of the Companies Act, 1956 and In the matter of M/s.Thomas Stephan (In Liquidation)

Co.Appl. No.103/2024 Co.Pet.53/2000 Before:

The Honourable Mr.Justice HARISANKAR V.MENON Thursday, the 16^th day of January, 2025/26^th Pousha, 1946 Applicant:-

Special Officer (Revenue)

K.S.E.B Ltd., Vydyuthi Bhavanam, Pattom, Thiruvananthapuram 695 004.

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Respondent:-

M/s.Thomas Stephan, Represented by the Official Liquidator, High Court of Kerala, Ernakulam 682 031.

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Company Application under Rule 9 r/w Rule 164 of the Companies (Court) Rules, 1959 filed by the applicant above named praying for an order that the Court may be pleased to allow the Applicant company to challenge the adjudication order of the Official Liquidator dated 05.04.2024 rejecting the proof of debt submitted by the applicant.

This Company Application coming on for orders on this day upon hearing Sri. Riji Rajendran, Advocate for the applicant and Sri.K.Moni, Standing Counsel for the Official Liquidator , the court passed the following:

HARISANKAR V. MENON, J.

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Co. Appl. No.103 of 2024 in Co. Pet. No.53 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 16^th day of January, 2025

ORDER

The captioned application is filed by the Kerala State Electricity Board, through its Special Officer, pointing out that the company under liquidation is to pay amounts in excess of Rs.8 lakhs to the applicant.

2. Heard Sri.Riji Rajendran, the learned Standing Counsel for the applicant and Sri.K.Moni, the learned Standing Counsel for the respondent herein.

3. This Court notices that the disputes are essentially with respect to the amounts payable by the company under liquidation to the Electricity Board. In such circumstances, I am of the opinion that it is for the Official Liquidator to make an appropriate application seeking One-Time Settlement benefits, if any, applicable with the applicant herein.

In such circumstances, this application would stand disposed of, directing the Official Liquidator to make an appropriate application before the Kerala State Electricity Board seeking One-

Time Settlement Benefits, within a period of three weeks from today.

If such an application is being filed, the Electricity Board to consider the same and pass appropriate orders, extending whatever benefits/concessions available under law, within a further period of three weeks thereafter.

Sd/-

HARISANKAR V. MENON JUDGE anm