"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 4TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943 OP(C) NO. 1381 OF 2021 AGAINST THE ORDER/JUDGMENT IN E.A.49/2017 IN C.C.NO.57/2016 BEFORE THE CONSUMER STATE COMMISSION KERALA PETITIONER: AJITH THOMAS ABRAHAM AGED 55 YEARS S/O.ABRAHAM THOMAS, 65, MONTIETH ROAD, EGMORE, CHENNAI, PIN-600008. BY ADVS. P.T.MOHANKUMAR BIJU HARIHARAN NANDU S KUMAR RESPONDENTS: 1 CHERUKAT VIJAYAKUMAR S/O.A.MADHAVAN NAIR (LATE), NO.26/27, TASAMI PARK, SINGANALLUR, COIMBATORE, PIN-641005. 2 JAYASREE VIJAYAKUMAR, W/O.CHERUKAT VIJAYAKUMAR, NO.26/27, TASAMI PARK, SINGANALLUR, COIMBATORE, PIN-641005. 3 SOUTHERN INVESTMENT PRIVATE LIMITED, 65, MONTIETH ROAD, EGMORE, CHENNAI, PIN-600008, REPRESENTED BY IT'S DULY APPOINTED INTERIM RESOLUTION PROFESSIONAL, MR.Y.N.RAMACHANDRAN, 68-F1/C-175 SECOND AVENUE, ASHOK NAGAR, CHENNAI, PIN-600083. *4 SOUTHERN INVESTMENT PRIVATE LIMITED, (DELETED) GLENDALE EAST, SIVAPURI, BANK ROAD, CALICUT, PIN-673001, REPRESENTED BY ITS BRANCH HEAD MS.FATHIMA SHAFI. R4 DELETED AS PER ORDER DATED 04.01.2022 IN I.A.NO.1/2021 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1381 OF 2021 -2- JUDGMENT Dated this the 4th day of January, 2022 Heard in detail. 2. A specific contention has been raised by the petitioners in this Original Petition, stating that Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016 expressly interdicts institution and continuation of all legal proceedings against corporate debtors, during the pendency of the insolvency proceedings. The learned counsel for the petitioners would submit that the Kerala State Consumer Disputes Redressal Commission has been proceeding in this matter without addressing the legal question. Hence, it is submitted that the petitioner is satisfied, if a direction is given to the Kerala State Consumer Disputes Redressal Commission to consider the question of law raised in this regard. Though this submission is having force, I do not think that the Hon’ble Judges in the State Forum will not address such a legal question of subtle importance. However, as prayed for by the learned counsel for the petitioners, this Original Petition is disposed of, directing the Kerala State Consumer Disputes Redressal Commission to OP(C) NO. 1381 OF 2021 -3- consider the question of law raised, in view of Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, after hearing both sides. Till then, coercive steps shall be kept in abeyance. The Registry is directed to forward copy of this judgment within seven days to the Kerala State Consumer Disputes Redressal Commission. This Original Petition (Civil) stands disposed of. Sd/- A.BADHARUDEEN, JUDGE. nkr OP(C) NO. 1381 OF 2021 -4- APPENDIX OF OP(C) 1381/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE STATE COMMISSION DATED 31.10.2016. Exhibit P2 TRUE COPY OF THE EXECUTION APPLICATION DATED 15.12.2017 IN EA NO.49/2017 FILED BY THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE BYE-LAWS OF RAINTREE HEIGHTS APARTMENT OWNERS ASSOCIATION. Exhibit P4 TRUE COPY OF THE ORDER DATED 26.03.2018 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, CHENNAI. Exhibit P5 TRUE COPY OF THE AGREEMENT DATED 01.09.2018 EXECUTED BY THE OFFICE BEARERS OF RAINTREE HEIGHTS APARTMENT OWNERS ASSOCIATION. Exhibit P6 TRUE COPY OF THE ORDER DATED 24.10.2018 IN I.A/487/1B/2018 IN CP/202/(1B)/2018 OF THE NATIONAL COMPANY LAW TRIBUNAL, CHENNAI. Exhibit P7 TRUE COPY OF THE ORDER DATED 20.11.2018 OF THE HON'BLE SUPREME COURT OF INDIA. Exhibit P8 TRUE COPY OF THE OBJECTION DATED 21.01.2020 FILED BY THE PETITIONER BEFORE THE CONSUMER STATE COMMISSION, KERALA. Exhibit P9 TRUE COPY OF THE ORDER DATED 15.03.2021 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, CHENNAI. Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 14.07.2021 FILED BY THE PETITIONER AGAINST THE ATTACHMENT APPLICATION, E.A.NO.9/2021 IN E.P.NO.49/2017. Exhibit P11 TRUE COPY OF THE ORDER OF ATTACHMENT DATED 19.07.2021 PASSED BY CONSUMER STATE COMMISSION, KERALA IN E.A.NO.9/2021 IN E.P.NO.49/2017. "