IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12632 of 2008(D) -------------------------- AGAINST THE ORDER IN IA 3082/07,3401/07 IN AS.60/2003 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER: ------------ MALAYIL BANKERS, REG.NO.739/857 PAZHAYA ROAD, MEDICAL COLLEGE THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING PARTNER GEORGE VARGHESE BY ADV. SRI.L.MOHANAN RESPONDENTS: ------------- 1. MATHEW OMMEN, S/O.P.G.OMMAN PANACHAKUNNIL HOUSE, THUMBAMON NORTH PATHANAMTHITTA DISTRICT. 2. M. SHAHUL HAMEED, SHAN MANZIL THERUVILTHAIVILAKOM, PUTHUKURUCHY P.O. THIRUVANANTHAPURAM. 3. NASEEM SHUKUR KHAN, ADVOCATE VANCHIYOOR, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12632 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred against the order passed by the Ist Addl. District Judge, Thiruvananthapuram, in IA Nos. 3082/07 and 3401/07 in AS 60/03. By the said order, the court has reviewed the order passed by it in IA 2619/07 and gave a direction to consider the petitions filed by the creditors till date for including them in the list of creditors. 2. I am informed that the appeal itself has been disposed of. Therefore at this length of time it may not be proper for this court to conduct an enquiry in this writ petition. The provisions of the Insolvency Act especially under Sec. 39(3) provides that an application to include a person as creditor can be considered by the court till the discharge of the insolvent. But it also provides a clause that an enquiry has to be conducted after hearing the receiver as well as the other creditors. Now, since the appeal is disposed of, I dispose of this writ petition with liberty to the writ petitioner to challenge this order also as a ground in the appeal for consideration by the appellate court. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps