IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 MFA.No. 44 of 2009() -------------------- AGAINST THE ORDER DATED 06/02/2009 IN IP 3/1100 IN IA.3660/2008 of ADDITIONAL SUB JUDGE, KOLLAM .................... APPELLANT(S): -------------- RANGANATH, S/O,NARAYANAN ACHARY LEKSHMI BHAVANAM, KALARI PURAYIDOM CUTCHERY WARD, KOLLAM WEST VILLAGE REP. BY RAJAGOPAL, S/O.NARAYANAN, AGED 42 YEARS LEKSHMI BHAVANAM, KALARI PURAYIDOM, CUTCHERY WARD KOLLAM WEST VILLAGE. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. SUDHRA HARIS KOYA, 55 YEARS R/AT.VAYALIL HOUSE, BIG BAZAR, KOLLAM. 2. NOWFAL KOYA, 45 YEARS, R/AT.VAYALIL HOUSE, BIG BAZAR, KOLLAM. 3. FOUSIYA, D/O.HARIS KOYA R/AT.VAYALIL HOUSE, BIG BAZAR, KOLLAM. 4. FOUD KOYA, S/O.HARIS KOYA, R/AT.VAYALIL HOUSE, BIG BAZAR, KOLLAM. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.F.A. No.44 of 2009 ------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT BASANT, J. This appeal has been preferred under Section 79 of the Insolvency Act against an order passed by the Additional Subordinate Judge, Kollam in an application under Section 4 of the Insolvency Act. 2. When this appeal came up for admission, the learned counsel for the appellant was requested to explain how in the light of Section 79 of the Insolvency Act this appeal can lie before this Court and not before the District Court, Kollam to which the subordinate Judge, Kollam is subordinate. Under Section 79 of the Act, an appeal from an order passed by a court subordinate to the District Court lies only before the District Court and not before this Court. 3. The learned counsel for the appellant concedes that going strictly by the language of Section 79 of the Insolvency Act, the appeal from an order passed by a court subordinate to the District Court can lie only before the District Court and not M.F.A. No.44 of 2009 2 this Court. Of course the counsel wants to bring to the notice of this Court the fact that earlier the petition was filed before the District Court and the High Court directed the District Court to dispose of the matter. Later the District Court had referred the matter to the subordinate Judge's Court on the strength of the notification issued. 4. Be that as it may, the jurisdiction to entertain an appeal under Section 79 of the Insolvency Act rests with the District Court when the impugned order is passed by a court subordinate to the District Court. The language of Section 79 of the Act makes the position crystal clear. Doubts if any on this aspect is laid to rest by the decision in Narayana Panicker v. Kunju Pennu [1978 KLT 311]. 5. We are, in these circumstances, satisfied that the appeal can be forwarded to the District Court, Kollam for disposal in accordance with law. This Appeal is, in these circumstances, sent to the District Court, Kollam. 6. Hand over a copy of this order to the learned counsel for the appellant. The appellant shall appear before the District Court on 06.03.09. The appeal and all connected records shall M.F.A. No.44 of 2009 3 forthwith be forwarded to the District Court, Kollam by the Registry. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-