IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10337 of 2010(O) -------------------------- OP.2/1989 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------- 1. T.V.R.FUND, REG.NO.539, KARAMANA, THIRUVANANTHAPURAM, REPRESENTED BY ITS PARTNESR T.VELAYUDHAN ACHARY. 2. T.VELAYUDHAN ACHARI, PARTNER, T.V.R.FUND, KARAMANA, CHEKKALAVILAKAM, KARAMANA, THIRUVANANTHAPURAM. 3. T.RAJAGOPALAN, PARTNER, T.V.R.FUND, KARAMANA, CHEKKALAVILAKAM, KARAMANA, THIRUVANANTHAPURAM. BY ADV. MR.K.T.SHYAMKUMAR RESPONDENT(S): ---------------------------- 1. THE OFFICIAL RECEIVER, THIRUVANANTHAPURAM. 2. ASSOCIATION OF DEPOSITORS, TVR FUND, KARAMANA, THIRUVANANTHAPURAM. 3. G.D.PILLAI, S/O.N.G.PILLAI, RAMA NIKETHAN, PAPPANAMCODE, THIRUVANANTHAPURAM. 4. J.HYMAVATHY THANKACHI, W/O.C.S.NAIR, AAYILLAIM, MUDAVANMUGAL, POOJAPURA, THIRUVANANTHAPURAM. Kss ..2/- ..2.... WPC.NO.10337/2010 O 5. R.G.SHEELA, W/O.K.GOPINATHAN, DEEPTHI, T.C.6/184-1, NAMBAVANKAVU, KODUNGANOOR P.O., VIA VATTIYOORKAVU, THIRUVANANTHAPURAM. 6. B.JAGADAMMA THANKACHY, W/O.K.UNNIKRISHNAN NAIR, PUTHALATHU VEEDU, AYIRA P.O., PARASSALA. 7. K.UNNIKRISHNAN NAIR, S/O.KUNJUKRISHNA PILLAI, LATHARAMYAM, KODUNGANOOR, VATTIYOORKAVU, THIRUVANANTHAPURAM. 8. V.O.PRATHAPACHANDRAN NAIR, S/O.K.UNNIKRISHNAN NAIR, AMBUJA BHAVAN, KURAVANKONAM, KOWDIAR P.O., THIRUVANANTHAPURAM. 9. J.KANAKAMMA, W/O.P.PARAMESWARAN PILLAI, GOPA NIVAS, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 10. P.PARAMESWASRAN PILLAI, GOPA NIVAS, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 11. R.RAMACHANDRAN IYER, USHA BHAVAN, MAINKARATHOPPU, PAPPANAMCODE, THIRUVANANTHAPURAM. 12. R.VENKITAKRISHNAN, USHUS, MAINKARATHOPPU, PAPPANAMCODE, THIRUVANANTHAPURAM. 13. R.GEETHA, GEETHA BHAVAN, PAPPANAMCODE, THIRUVANANTHAPURAM. 14. M.THANKAMMAL, GEETHA BHAVAN, PAPPANAMCODE, THIRUVANANTHAPURAM. 15. V.NEELAKANDA IYER, TC 33/1357, THYVILA LANE, THAMPANOOR, THIRUVANANTHAPURAM. Kss ..3/- ..3... WPC.NO.10337/2010 O 16. R.MALLIKA, T.C. 21/1357, THYVILA LANE, THAMPANOOR, THIRUVANANTHAPURAM. 17. R.USHA, USHUS, RAMA NAGAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 18. B.VIJAYAMMA, PADMA VIHAR, PAPPANAMCODE, THIRUVANANTHAPURAM. 19. V.N.PADMAKUMAR, C/O.VIJAYAMMA, PADMAVILASAM, PAPPANAMCODE, THIRUVANANTHAPURAM. 20. THILAKA, W/O. DELVIN, D.S.MULAGUMMOODU DESOM, THUCKALAY VILLAGE, KALKULAM TALUK, K.K.DISTRICT, TN. 21. DENNISON, DDS MULAGUMMOODU DESOM, THUCKALAY VILLAGE, KALKULAM TALUK, KK DISTRICT, TN. 22. MOHAN JOHN, T.C. NO.11/1895, WATTS ROAD, NANTHANCODE, THIRUVANANTHAPURAM. 23. RAJESH MOHAN, S/O. MOHAN JOHN, T.C.NO.11/1895, WATTS ROAD, NANTHANCODE, THIRUVANANTHAPURAM. 24. RAJU ZACHARIAH, S/O.SKARIAN OOMEN, TC 27/1244, WATTS ROAD, NANTHANCODE, THIRUVANANTHAPURAM. 25. MATHEW ZACHARIAH, S/O.SKARIAN OOMEN, TC 27/1244, WATTS ROAD, NANTHANCODE, THIRUVANANTHAPURAM. 26. JAYA ZACHARIAH, D/O.SSKARIAN OOMEN, TC 27/1244, WATTS ROAD, NANTHANCODE, THIRUVANANTHAPURAM. 27. G.APPUKUTTAN NAIR, BINDU VIHAR, ATTUKUZHI, KAZHAKOOTTAM, THIRUVANANTHAPURAM. 28. N.ROY, S/110, TC 29/510, SARADALAYAM, SEEVELI NAGAR, PETTAH, THIRUVANANTHAPURAM. 29. R.B.K.NAIR, AGED 70, MANITHARANG, THAMALAM, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- WP(C) No.10337 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the petitioner seeks the following reliefs : “i. Issue a direction to the District Court, Thiruvananthapuram to consider and pass orders on Exhibits P4, P5 and P6 petitions filed by the petitioners in OP (IP) No.2/1989 as expeditiously as possible at any rate within a time limit to be prescribed by this Court. ii. Issue a direction to the District Court, Thiruvananthapuram to advance the hearing of OP(IP) No.2/1989 as prayed for in Exhibit P7 petition for advancing the hearing of the case filed by the petitioner and dispose of the same as expeditiously as possible, at any rate, within a time limit to be prescribed by this Honourable Court.” 2. The first petitioner is a registered firm and petitioners 2 and 3 are its partners. They were engaged in the financial business of money lending and were pawn WPC 10337/10 2 brokers, manufacturing and selling of gold and silver ornaments and allied activities. It so happened that eight persons filed OP (IP) No.2/89 before the First Additional Sub Court, Thiruvananthapuram for declaring the firm as insolvent. The petitioners submitted their statement of assets before the Court, a copy of which is produced as Ext.P1. The Court below allowed the OP and declared the firm as insolvent. An official receiver was appointed to take charge of the assets. Copy of the said order is produced as Ext.P2. Several other facts are stated in the Petition, which are not necessary for the disposal of this case. Suffice to say that the petitioners filed Exts.P4 to P6 applications for discharge under Ss.4 and 42 of the Insolvency Act, for condoning the delay in filing the said application and also for stay of further proceedings. The complaint of the petitioners is that those applications are not being taken up and disposed of by the Court below. They submitted that the delay in disposing of the applications, causes irreparable injury and hardships to WPC 10337/10 3 them. Therefore, they pray for a direction to dispose of the above said applications expeditiously. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. Going through the averments in the petition, it is felt that the request made by the petitioners is only just and reasonable. The apprehension of the petitioner appear to be real. Therefore, there will be a direction to the District Court, Thiruvananthapuram to consider and pass orders on Exts.P4 to P6 applications in OP No.2/89, in accordance with law as expeditiously as possible, at any rate, before the mid summer vacation commences. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 10337/10 4 WPC 10337/10 5