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2026 Supreme(Online)(Ker) 14215

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
M/S.CHERUPUSHPAM FILMS PVT.LTD. – Appellant
Versus
THE HEAD RESOLUTION, PHOENIX ARC PRIVATE LIMITED – Respondent
OP (DRT) NO. 207 OF 2021

Advocates:
For the Appellants/Petitioners: SHRI.C.S.AJITH PRAKASH, SHRI.T.K.DEVARAJAN, SRI.PAUL C THOMAS, SHRI.FRANKLIN ARACKAL, SRI.M.B.SOORI, SHRI.BABU M., SHRI.NIDHIN RAJ VETTIKKADAN, SRI.HAARIS MOOSA, SHRI.ADESH JOSHI
For the Respondents: SRI.A.V.THOMAS (SR.), SHRI.SUNIL SHANKER, SMT.VIDYA GANGADHARAN, SHRI.NIDHI SAM JOHNS, SRI.LIJO JOSEPH (THOPPIL), SRI.A.KEVIN THOMAS

The court emphasized the importance of procedural compliance and the implications of dismissal for non-prosecution in debt recovery proceedings.

Headnote:The Original Petition contests the order of Debts Recovery Tribunal, Ernakulam, specifically Ext.P15 dismissing a stay on further proceedings. The court noted absence of appeal against Ext.P15. The petition was closed as the prior S.A was disposed of for non-prosecution. The court determined effective management of the proceedings by addressing the status of orders related to the case, emphasizing procedural compliance and continuity in monitoring legal obligations. The court thus upheld administrative closure of the petition.

Table of Content
1. challenge to the order of the debts recovery tribunal. (Para 1 , 2)
2. status of previous proceedings highlighted. (Para 3)

JUDGMENT

This Original Petition has been filed challenging Ext.P15 order of the Debts Recovery Tribunal -1 Ernakulam.

2. Ext.P15 order in I.A No.1287/2019 seeking to stay all further proceedings pursuant to the notice dated 16/12/2013 issued by the 2^nd respondent, was dismissed on 20/09/2021. No appeal has been filed against Ext.P15 before the Debts Recovery Appellate Tribunal. On 28/10/2021, notice was taken by the respondents 2 and 3 and notice was issued to the other respondents. Thereafter, no orders have been passed.

3. Sri. A.V Thomas, the learned Senior Counsel appearing for the 1^st respondent submits that, S.A No.210/2019 was disposed of for non-prosecution on 21/08/2025.

Recording the above submission of the learned Senior Counsel, the O.P (DRT) stands closed.

Sd/-

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2026 Supreme(Online)(Ker) 14215

IN THE HIGH COURT OF KERALA AT ERNAKULAMBASANT BALAJI, JM/S.CHERUPUSHPAM FILMS PVT.LTD. – AppellantVersusTHE HEAD RESOLUTION, PHOENIX ARC PRIVATE LIMITED – RespondentOP (DRT) NO. 207 OF 2021

The court emphasized the importance of procedural compliance and the implications of dismissal for non-prosecution in debt recovery proceedings.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
M/S.CHERUPUSHPAM FILMS PVT.LTD. – Appellant
Versus
THE HEAD RESOLUTION, PHOENIX ARC PRIVATE LIMITED – Respondent
OP (DRT) NO. 207 OF 2021