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2025 Supreme(Online)(Ker) 42955
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
M/S. EURO-TECH MARITIME ACADEMY PVT. LTD – Appellant
Versus
THE AXIS BANK LTD – Respondent
WP(C) NO. 32286 OF 2025 | WP(C) NO. 35867 OF 2025
For the Appellants/Petitioners: [list of counsel not provided]
For the Respondents: [list of counsel not provided]
The Court upheld procedural rights in judicial reviews, stressing the importance of timely access to critical orders impacting appeals.
Headnote:(A) Relevant provisions guiding the appeal process before NCLT and NCLAT were discussed, particularly emphasizing procedural rights under judicial review. The Court recognized the significance of timely access to orders impacting appeal rights. (Para 3)
(B) The key determination related to the necessity of staying implementation of prior orders while ensuring accessibility to remedies before Appellate forums was underscored. (Para 5)
Facts of the case:
The petitioner filed WP
(C) No.32286 of 2025 to stay proceedings from NCLT order of August 22, 2025, citing difficulties in appealing due to non-uploaded content. WP
(C) No.35867 of 2025 was filed by the 5th respondent's Managing Director challenging the same NCLT order while an appeal was pending with NCLAT.
Findings of Court:
Given the pending appeal concerning the NCLT order and the impending recess of NCLAT, the Court ordered to stay further proceedings until the appeal can be heard.
Issues: The necessity of suspending NCLT orders pending the proper lodging and hearing of appeals was vital.
Ratio Decidendi: The Court framed its reasoning around ensuring due process rights are protected during appellate proceedings, thereby necessitating adherence to procedural safeguards.
Result: Writ petitions were disposed of accordingly.
| Table of Content |
|---|
| 1. petitioner seeks a stay on nclt order. (Para 1) |
| 2. managing director files petition challenging order. (Para 3) |
| 3. court orders to stay nclt proceedings pending appeal. (Para 4 , 5) |
WP(C) No.32286 of 2025 is filed seeking a stay of further proceedings pursuant to the order of the NCLT, Kochi, dated 22.08.2025 in CP(IB)/10/
(KOB)2025, so as to enable the petitioner to approach the Appellate Tribunal of NCLAT or the Debt Recovery Tribunal, as the case may be.
2. When the matter came up for consideration on 27.08.2025, this Court issued the following
order:
“Issue notice to respondents 1 to 6 by speed post. Notice to the 7th respondent is dispensed
2. Learned counsel for the petitioner would submit that the NCLT Kochi has passed an order on 22.08.2025 and since the said order is not uploaded in the site, petitioner could not know the content of the order and if aggrieved, to
3. Therefore, there will be a direction to the 7th respondent - NCLT Kochi Bench to upload the order dated 22.08.2025, without any delay,
3. WP(C) No.35867 of 2025 is filed by the
Managing Director of the 5th respondent Company (the 5th respondent Company is the writ petitioner in WP(C) No.32286 of 2025), challenging Ext.P1 order of the NCLT in CP(IB)10/KOB/2025 dated 22.08.2025, which is referred to in the other writ petition. The learned counsel for the petitioner would submit that, challenging the same, an appeal was preferred before the NCLAT as Ext.P4. Petitioner submits that the registry of the 3rd respondent, NCLAT, has informed that the scrutiny of the appeal is in progress and the same will be listed at the earliest possible date. But the 3 respondent, NCLAT is scheduled to close for 'Navarathri' recess effective from 26.09.2025 and the next working day is only on 06.10.2025, as per
Ext.P5, the notified calendar of the 3rd respondent, NCLAT. Petitioner submits that in view of the above facts and circumstances, the petitioner is unable to move the appeal before the NCLAT and therefore, sought a direction staying the operation and implementation of Ext.P1 order of the 4th respondent NCLT Kochi Bench, till Ext.P4 appeal is numbered and heard by the 3rd respondent NCLAT Chennai Bench.
4. I have heard the learned counsel appearing for the respondents also.
5. Considering the fact that an appeal has already been filed, as evident from Exts.P3 and P4 and that the NCLAT is closed for 'Navarathri' recess effective from 26.09.2025 till 06.10.2025, WP(C) No.35867 of 2025 is disposed of directing the respondents to keep in abeyance all further proceedings pursuant to Ext.P1 order till 08.10.2025.
In the light of the interim order passed in
WP(C) No.32286 of 2025, nothing survives in this writ petition. Accordingly, WP(C) No.32286 of 2025 is closed.
