IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Co.Appeal.No. 49 of 2010() -------------------------- (AGAINST THE ORDER IN C.A. 393/2010 IN C.C. 101/2005 IN CP.9/2002) .................... APPELLANTS --------------- 1. C.G.BABU, AGED 64 YEARS, S/O.NARAYANAN, ARAKKATHARA HOUSE, C.C.19/2250, PIPE LINE ROAD, PALLURUTHY, KOCHI-6. 2. C.K.SUSHEELA, AGED 54, W/O.C.G.BABU, ARAKKATHARA HOUSE, C.C.19/2250, PIPE LINE ROAD, PALLURUTHY, KOCHI-6. BY ADV. SRI.K.G.SARATHKUMAR RESPONDENT: --------------- OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K. MONI. THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 02/08/2010, ALONG WITH COA NO. 50 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE &C.K. ABDUL RAHIM, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = COMPANY APPEAL NOS. 49 & 50 OF 2010 = = = = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF AUGUST, 2010. J U D G M E N T Pius C. Kuriakose, J Under challenge in these appeals are two identical orders passed by the learned Company Judge dismissing the applications submitted by the appellants for staying the proceedings for execution (revenue recovery proceedings) passed against them. 2. Even though Sri. K.G,. Sarath Kumar, learned counsel for the appellants addressed persuasive arguments before us, we do not find any infirmity in the orders passed by the learned Company Judge. The contention advanced before us by Sri. Sarath Kumar is that amounts were due from the Company in liquidation to the appellants and the appellants should be allowed to adjust those amounts against the decree debt. As rightly noticed by the learned Company Judge, it was for the appellants to have raised these contentions while defending the company claims. We are told by Mr. K. Moni, learned standing counsel that, ultimately, the claims were decreed ex parte against the appellants. If that be so, the COA. NOS. 49 & 50/2010 2 remedy of the appellants lies not by way of an appeal. Both the appeals, accordingly, will stand dismissed in limine. PIUS C. KURIAKOSE, (JUDGE) C.K. ABDUL RAHIM, (JUDGE) KNC/-