AJITH THOMAS ABRAHAM Vs. CHERUKAT VIJAYAKUMAR

JUDGEMENT

(1.) This order shall dispose of the Execution Petition No. 58 of 2022 and RA No. 336 of 2022. Vide the Appeal Execution, the Appellant has challenged the order dtd. 21/3/2022 in Execution Petition No. 49 of 2017 whereby the State Commission pursuant to the directions of the High Court of Kerala dtd. 4/1/2022 in OP ( C) 1381 of 2021 heard the parties on the issue " to consider the question of law raised, in view of Sec. 14 (1) (a) of the Insolvency and Bankruptcy Code, 2016 and thereafter rejected the contentions of the Appellant that no Execution Proceedings can be held against him who is the Managing Director of M/s Southern Investments Pvt. Ltd. ( hereinafter referred to as 'Company') only because the Company was facing insolvency proceedings under IBC Act. All the other contentions raised by the Appellant were also rejected by the State Commission vide the impugned order.

(2.) This Commission on 25/11/2022 issued the following directions:

(3.) A review Application RA No. 336 of 2022 has been filed by the Appellant for the review of this order.