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. 36 of 2007 ------------------------------- AGAINST THE ORDER DATED 23/02/2007 IN IA 2163 /2007 IN OPIP.2/1989 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT/PETITIONER: OFFICIAL RECEIVER,THIRUVANANTHAPURAM, DISTRICT COURT,THIRUVANANTHAPURAM. BY ADV. SMT.S.MUMTAZ RESPONDENTS/COUNTER PETITIONERS: 1. G.D.PILLAI, REMA NIVAS, PAPPANAMCODE, THIRUVANANTHAPURAM. 2. J.HYMAVATHY THANKACHY, AYILLIAM, MUDAVANKUGHAL, POOJAPPURA, THRIUVANANTHAPURAM. 3. R.G.SHEELA, DEEPATHI, TC 6/184-1, NAMBAVAKAVU, KOUNGANOOR P.O, DO. 4. R.UNNIKRISHNAN, LATHA RAMIYAM, KODUNGANOOR VATTIYOORKAVU,THRIUVANANTHAPURAM. 5. B.JAGADAMMA THANKACHY, PUTHIALATHU VEEDU, AYIRA P.O,PARAVILA,THRIUVANANTHAPURAM. 6. V.O.PRATHAPACHANDRAN NAIR, AMBUJA BHAVAN, KURAVAIKONAM,KOWDIAR,THRIUVANANTHAPURAM. 7. J.KANAKAMMA,GOPA NIVAS, KUMARAPURAM, MEDICAL COLLEGE,THRIUVANANTHAPURAM. 8. P.PARAMESWARAN PILLAI, GOPA NIVAS, DO. 9. R.RAMACHANDRA IYER, MANIAMKARA THOPPU, PAPPANAMCODE,THIRUVANANTHAPURAM. 10. R.VENTIKAKRISHNAN, USHUS, DO. DO. 11. R.GEETHA,GEETHA BHAVAN, DO. DO. 12. M.THANKAMMAL OF -DO- 13. V.NEELAKANTA IYER, TC 23/357, THYVILA LANE, THAMPANOOR, THRIUVANANTHAPURAM. 14. R.MALLIKA, TC 2357, -DO- 15. R.USHA, USHAN, RAM NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 16. B.VIJAYAKUMAR, PADMA VIHAR, DO. DO. 17. V.N.PADMAKUMAR, PADMAVILASOM, DO. DO. 18. T.V.R.FUND, REG.NO.539, KARAMANA, REP. BY ITS MANAGING PARTNER. 19. T.VELAYUDHAN ACHARY, T.V.R.FUND, DO. DO. 20. T.RAJAGOPALAN ACHARI, T.V.R.AGENCIES, DO. DO. 21. V.RAMASWAMY, S/O VELAYUDHAN ACHARY, T.C.20/914, KARAMANA, THIRUVANANTHAPURAM. 22. RATHINAM, W/O RAJAGOPALAN ACHARY, DO. DO. ADV. SRI.VPK.PANICKER FOR R21 & R22 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.36 of 2007 --------------------------------- JUDGMENT Koshy, J. This appeal is filed challenging the order passed on I.A.No.2163/07 in O.P.(IP)No.2/89 by the I Additional District Judge, Thiruvananthapuram. The above IA was filed for an order taking possession of the business of Bharat Petroleum Agency at Killipalam. Originally, the licence for conducting the retail sales of petroleum products of Bharat Petroleum Corporation was given to T.V.R. Agencies, which was declared as an insolvent. The above Agency was terminated on 31.12.1994, after T.V.R. Funds was declared as an insolvent. Thereafter, it was entrusted to a new partnership firm - V.R. Agencies, where, the wife and son of the original licensee were partners. At that time, the pump was not operated. It is the contention of the new firm that they have not utilised any of the assets of T.V.R. Funds in the business. The Bharat Petroleum Corporation gave only licence to them, after terminating the earlier licence. One of the MFA 36/07 2 Officers of the Bharat Petroleum Corporation was examined. He stated that a new licence was given to V.R. Agencies. An affidavit was also filed by the Bharat Petroleum Corporation to the effect that a new licence was given to V.R. Agencies. On the basis of the evidence it was found that none of the assets of the T.V.R. Funds are with the new partnership firm. Land was taken on lease by Bharat Petroleum Corporation and installation belongs to Bharat Petroleum Corporation. Only licence to run the installation was given to T.V.R. Agencies. Therefore, I.A.No.2163/07 filed by the Official Liquidator for taking possession of the business of Bharat Petroleum Agency at Killipalam as an agent of T.V.R. Funds was rightly rejected. We see no ground to interfere with the impugned order. The appeal is dismissed. (J.B.Koshy, Judge) 24th September, 2008 (K.P.Balachandran, Judge) tkv