IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Co.Appeal.No. 32 of 2004() -------------------------- AGAINST THE ORDER IN M.C.A.NO.33/2002 IN M.C.A.NO.41/2002 IN C.P.NOS.26/98, 48, 49/98 , 9 & 30/99 Dated 03/11/2003 .................... APPELLANTS/APPLICANTS IN THE M.C.A. ------------------------------------------------------- 1. V. RAVEENDRANATHA PRABHU, 40/1997, M.G. ROAD, ERNAKULAM, KOCHI-682 011. 2. V.N. NAVENACHANDRA PRABHU, ABHILASH, PEYOLI LANE, KOCHI-682 018. 3. MRS. ANURADHA N. PRABHU, ABHILASH, PEYOLI LANE, KOCHI-682 018. 4. MRS. JAYA R. PRABHU, 40/1997, M.G. ROAD, ERNAKULAM, KOCHI-682 011. 5. V. SUDHAKARA PRABHU, 40/1997, M.G. ROAD, ERNAKULAM, KOCHI-682 011. 6. MR. SABITHA N. PRABHU, 40/1997, M.G. ROAD, ERNAKULAM, KOCHI-682 011. BY ADV. SRI.RAJU JOSEPH RESPONDENT(S): RESPONDENTS IN THE M.C.A. --------------- 1. M/S. RAMANIKA SILKS PVT.LTD. (IN LIQUIDATION), REPRESENTED BY THE OFFICIAL LIQUIDATOR, HIGH COURAT OF KERALA, ERNAKULAM. 2. FEDERAL BANK LTD., BANERJI ROAD, M.G. ROAD NORTH END BRANCH, COCHIN-35, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.N.P.SAMUEL FOR R2 SRI.K.MONI THIS COMPANY APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - Co.Appeal No.32 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2010 JUDGMENT Basheer, J. The appellant is admittedly the landlord of the premises wherein the company had been conducting textile business. It is also beyond dispute that the rent of the building from January 23, 2001 till September 11, 2001 fell in arrears. The said amount was claimed by the appellant before the Company Court contending that the amount was liable to be paid by the liquidator as part of the winding up expenses. However, the learned Company Judge rejected the claim . The said order is under challenge in this appeal. 2. When this appeal is taken up for consideration, it is brought to our notice that certain merchandise available in the rented premises were sold pursuant to an order issued by the Debt Recovery Tribunal, Ernakulam . The sale proceeds are admittedly now lying in deposit before the DRT. It is also on record that the Federal Bank has obtained recovery certificate pursuant to the decree obtained by it against the company in liquidation. Co.Appeal No.32/2004 2 3. Learned counsel for the Official Liquidator submitted before us that the Liquidator does not have enough funds with him to discharge the liability now claimed by the appellant. However, he submitted that if a direction is issued, the Liquidator will move the Debt Recovery Tribunal for release of the money available to the credit of the account to be paid to the appellant. 4. We have heard the learned counsel for the Federal Bank also. Having regard to the entire facts and circumstances, the appeal is disposed of with a direction to the official liquidator to move the Debt Recovery Tribunal and get the amount released in order to pay off the liability to the appellant. If such an application is received, the Debt Recovery Tribunal shall pass appropriate orders thereon after hearing the parties and in accordance with law. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. Co.Appeal No.32/2004 2