IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 MFA.No. 181 of 2005 --------------------------------- AGAINST THE ORDER DATED 06/09/2005 IN IA.1863/05 IN OPIP.2/1989 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANTS/PETITIONERS: 1. T.VELAYUDHAN ACHARI, CHEKKALAVILAKATHU VEEDU, KARAMANA, THIRUVANANTHAPURAM. 2. T.RAJAGOPALAN ACHARI, DO. DO. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS/R-27 & REPRESENTATIVE OF R-1 TO 26: 1. THE OFFICIAL RECEIVER, DISTRICT COURT, THIRUVANANTHAPURAM. 2. R.B.K.NAIR, S/O.N.RAMAN PILLAI, SECRETARY, ASSOCIATION OF DEPOSITORS IN T.V.R.FUND, KARAMANA, THIRUVANANTHAPURAM. ADV. SRI.EASOW MATHEW (CAVEATOR) SRI.V.SURESH FOR R2 SRI.G.SUDHEER FOR R2 SMT.S.MUMTAZ FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.181 of 2005 --------------------------------- JUDGMENT Koshy, J. Appellants are brothers. They were the sole partners of a registered firm, No.539 of 1968, known as M/s.T.V.R.Fund, Karamana, Thiruvananthapuram. It was declared insolvent in the year 1991. The entire assets of the firm were already taken by the Receiver. The appellants were objecting all the proceedings to realise the assets by filing I.A.No.1863/05. They requested for giving back the business to them to carry on the business for the benefit of creditors. The proceedings show that the Receiver has already declared three dividends. The balance assets are with the Receiver and Receiver is managing the same. In the circumstances, I.A.No.1863/05 was dismissed on very valid reasons. Hence, we are not reiterating the same. We fully agree with the views of the court below. The appeal is dismissed. (J.B.Koshy, Judge) 24th September 2008 (K.P.Balachandran, Judge) tkv