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2025 Supreme(Online)(Ker) 57479

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
K.N.NARAYANAN NAMBOOTHIRIPAD – Appellant
Versus
K.PARAMESWARAN NAIR – Respondent
WP(C) NO. 43208 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.V.R.GOPU, SHRI.J.NARAYANA PILLAI, SMT.URMILA.M.G, SMT.K.PRIYADERSINI
For the Respondents: SMT.D.REETHA, SHRI.AKHIL SURESH, SMT.KALLIYANI KRISHNA B., SHRI.AMRITH M.J., SMT.ANITA ELIZEBETH BABU, SHRI.RAHUL T., SRI.P.V.VINOD (BENGALAM), SHRI.AKHIL K.M., SMT.ANJALI NAIR

A court may limit the duration for compliance with tribunal orders pending appeal, emphasizing the importance of timely appeals and interim relief.

Headnote:Statute Analysis: The petitioners sought relief under the relevant provisions of law regarding the orders of the NCLT. Facts of the Case: The petitioners challenged the orders of NCLT dated 13.09.2025 to 13.11.2025, asserting error in refusing to grant stay.

Findings of Court:
The court granted two weeks' time for compliance with directions in the impugned order.

Issues: The court addressed the question of the NCLT's refusal to grant stay pending an appeal.

Ratio Decidendi: The court reasoned that interim relief was not warranted, emphasizing the petitioners could seek interim orders from the Apex Court.

Result: The writ petition is closed with the limited relief granted.

Table of Content
1. petitioners sought to quash nclt orders and obtain interim relief. (Para 1 , 2)

JUDGMENT

The petitioners have approached this Court seeking the following reliefs:

i)Issue a writ, order or direction in the nature of certiorari quashing the impugned orders Exhibit P6 dated 13.09.2025, Exhibit P7 dated14.10.2025, Exhibit P8 10.11.2025 and Exhibit P9 dated 13.11.2025 passed by the NCLT Kochi Bench in I.A (IBC )133/KOB/2025 and I.A (IBC) 134/KOB/ 2025 of NCLT Kochi Bench.

ii) Declare that the NCLT erred in refusing to grant stay of execution proceedings while a restoration petition and civil appeal is pending before the Hon’ble Supreme Court.

iii) Restrain and stay the NCLT, Kochi Bench from enforcing the impugned orders including disclosure of assets and imposition of costs until disposal of the civil appeal pending before the Hon’ble Supreme Court.

iv) To dispense with filing of the translation of vernacular documents.

v) Pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

2. The specific contention raised by the petitioners is that challenging the appellate order passed by the National Company Law Tribunal(NCLT), they have already approached the Apex Court by filing an appeal and sought for a breathing time, so as to enable them to move the Apex Court for obtaining an interim order. Only for the said limited purpose, this Court has granted an interim order, for a period of two weeks, on 18.11.2025. When the matter came up for consideration on 02.12.2025, the time was extended till 10.12.2025. Since the interim order has been granted only to enable the petitioners to approach the Apex Court for obtaining interim orders, and the time has already been extended once, I am not inclined to continue the interim order any further. The petitioners raised a grievance that as per Ext.P9, if the requisite details are not furnished, they will be liable to pay the cost of Rs.2,00,000/-, to be deposited into the National Defence Fund. 3. Taking into consideration the submission made by the learned counsel for the petitioners that they will be mulcted with cost as per Ext.P9, I am inclined to grant two weeks' time from today to comply with the directions in Ext.P9.

Granting such limited relief, the above writ petition is closed.

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