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2026 Supreme(Online)(Ker) 3097

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
MR. STHANU MALAYAN NAIR – Appellant
Versus
MR. NIRMALAN K – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ROJO JOSEPH, SHRI.P.C.THOMAS, SRI.A.SAIN PAUL, SHRI.P.R.SHIBU, SMT.NAVIA SEBASTIAN, SHRI.P.T.JUDY
For the Respondents: SRI.K.K.VIJAYAN, SRI.G.RANJU MOHAN, SMT.M.SANTHI, SHRI.PYARIN B. KURUVITHADAM, SMT.THEERTHA NAIR A.P., SHRI.SREE HARI L.K., SMT.NIKITHA ANN VARGHESE

Table of Content
1. court challenges jurisdiction of the insolvency petition. (Para 1 , 2)
2. maintainability debated regarding ib code and buds act. (Para 3 , 4)

JUDGMENT

The original petition has been filed seeking to set aside Ext.P1 insolvency petition on the file of the Sub Court, Thiruvananthapuram and to declare that the court does not have jurisdiction to entertain the petition.

2. At the time of admission, this Court had called for a report from the Sub Court, Thiruvananthapuram regarding the status of the proceedings. A report has been received which says that Ext.P1 insolvency petition (Insolvency Petition No.3 of 2017) has been consolidated along with O.P. (Insolvency) Nos.4, 5 and 7 of 2017 and enquiry in the original petition was conducted in 2011- 22 period by examination of the witnesses. It is further stated that several interlocutory applications are pending in the original petitions which are being considered before going into final hearing.

3. The counsel for the petitioners submits that they have filed an application for impleadment and no orders have been issued on that petition. The contention is that insolvency proceedings cannot be continued in view of the bar un

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