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2026 Supreme(Online)(Ker) 5510

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
SAMSON T. GEORGE – Appellant
Versus
UNION OF INDIA – Respondent
WA NO. 2592 OF 2025 | WP(C) NO.29457 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.C.S.MANU
For the Respondents: SMT.PARSHATHY S.R., CGC SRI. A. KEVIN THOMAS

The court reaffirmed that jurisdictional matters necessitate complete fact application, leaving Single Judge's decision intact to protect appellants' interests.

Headnote:The learned counsel for the appellants argued that properties covered by Ext. P31 should not be included in liquidation proceedings. The NCLT's involvement was highlighted as it was determined that relevant facts should be presented for a jurisdictional ruling. The Single Judge’s order was deemed adequate and protective of the appellants' interests. Ultimately, the appeal was dismissed.

Table of Content
1. arguing properties not belonging to the company. (Para 1)
2. nclt's jurisdiction in determining material facts. (Para 2 , 3)
3. final order dismissing the appeal. (Para 4)

J U D G M E N T Dated this the 31st day of January, 2026 Soumen Sen, C. J.

The learned counsel for the appellants has submitted that the properties covered by Ext. P31 do not belong to the company, and therefore, cannot form part of the liquidation proceedings.

2. This issue has been raised before the NCLT and it appears that the NCLT is in seisin of the matter.

3. The prayer for summary adjudication of the said issue dehors all other facts may not be possible, as the issue prima facie appears to be inextricably connected. Even for the tribunal to arrive at a decision that it lacks jurisdiction, material facts would have to be brought on record, unless it explicitly appears from the record that the Tribunal would otherwise have no jurisdiction to entertain the petition.

4. The learned Single Judge has taken note of all relevant facts and has passed an order which, in our view, does not call for any interference. The interests of the appellants seem to have been protected in the last but one paragraph of the impugned judgment.

5. In view of the above, the appeal stands dismissed.

Sd/-

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