The Kerala High Court observed that an appeal against an ad interim direction restraining a company meeting became infructuous after the meeting date passed and no final orders were given in the underlying letters patent appeals.
Disposal of the appeals dismissed without adjudication on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933
Co.Appeal.No. 9 of 2011()
------------------------AGAINST THE JUDGEMENT/ORDER IN CA 198/2011 IN CP.27/2010 Dated 18/03/2011 ....................
APPELLANT:
-----------------------
SRI.K.VINOD KUMAR,A2,VYSHNAVAM, VALIYAPARAMBIL ROAD,ELAMAKKARA,ERNAKULAM 682 026. BY ADVS. SRI.R.MURARI,
SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, SRI.K.RAVI (PARIYARATH), SRI.N.MANU THAMPI.
RESPONDENT(S):
---------------------------
1. JYOMAN BUILDERS (P) LTD.(IN LIQUIDATION) XLIII/2408,NAMBIAR BUILDING, SRM ROAD, ERNAKULAM,REP.BY RECEIVER,ADVOCATE V.RAJENDRAN.
2. N.R.R.NAMBIAR,RWANDA FOAM BUILDING, BP NO.4715,KIGALI,RWANDA- REPRESENTED BY P.R. KRISHNAN NAMBIAR, HIS POWER OF ATTORNEY HOLDER RESIDING AT 87, KUMARANASAN NAGAR, KADAVANTHRA, COCHIN - 20.
THIS COMPANY APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2011 ALONG WITH COA NO. 12 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
R.BASANT & K.SURENDRA MOHAN, JJ.
**Co.Appeal No.9 of 2011-B and Co.Appeal No.12 of 2011-C *******************************
Dated this the 30th day of May, 2011
JUDGMENT
BASANT, J.
Petitioner is the Managing Director of the first respondent company which is facing proceedings in liquidation. Company petition 37/98 was filed by a creditor. The said petition has not been disposed of.
2
Co.Appeal No.9 of 2011-B and Co.Appeal No.12 of 2011-C
5-4-2011. The business sought to be transacted was disposal of
assets of the company, proceeds of which, according to the appellant, would be sufficient to discharge the entire debts of the company. The appellant as Managing Director wanted to negotiate, sign agreements, sale deeds and other documents in respect of that proposed disposal of assets.
3
Co.Appeal No.9 of 2011-B and Co.Appeal No.12 of 2011-C
4
Co.Appeal No.9 of 2011-B and Co.Appeal No.12 of 2011-C
Co.Appeal No.9 of 2011-B and Co.Appeal No.12 of 2011-C 5
has now lost its significance and relevance after 05.04.2011. Ad interim directions are of no consequence and it is for the appellant now to raise all relevant contentions in C.A.198 and 251 of 2011 before the company court.
(R.BASANT, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
jj/rtr
3 issues framed by the court
Whether this Court should dispose of the appeals on merits despite the loss of significance of the interim order.
Whether the appellants should be permitted to press these appeals given they have not approached the Company Court for final disposal.
Whether the appellees are attempting to delay pending liquidation proceedings by appealing an infructuous order.
K. VINOD KUMAR
JYOMAN BUILDERS (P) LTD.
N.R.R. NAMBIAR
R. BASANT
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
