High CourtsSingle Bench(2023) 12 KL CK 0258

M/s AIR Travel Enterprises India Ltd vs Union Bank Of India

High Court Of Kerala · Decided on 29 December 2023

HON’BLE JUDGES
C. Jayachandran, J
RESULT
Disposal Of
CASE NUMBER
Writ Petition (C) No. 44183 Of 2023

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Judgment

5 paragraphs · 202 words

C. Jayachandran, J

1.

The petitioner is aggrieved by Ext.P3 order of the National Company Law Tribunal, Kochi Bench.

2.

Learned counsel for the petitioner submits that Ext.P3 is an appealable order and that though an appeal has already been preferred, no interim relief could be secured, since there is no sitting in the NCLT and that sitting will commence only on 02.01.2024. Learned counsel also invited the attention of this Court to clause No.22(vi), at running page No.56 of this Writ Petition, which contemplates one week's time for the officers and managers of the Corporate Debtor to provide the documents and information to the IRP, which period, according to the learned counsel for the petitioner, expires only today.

3.

In such circumstances, in order to preserve the subject matter of the appeal, there will be a direction to the IRP not to take possession and charge of the Corporate Debtor in terms of Ext.P3, for a period of two weeks, unless such possession has already been taken over by the IRP, as claimed for by the learned counsel for the IRP.

As agreed to by the learned counsel on both sides, this Writ Petition is disposed of with the above direction.