# In the matter of Tharakan Web Innovations Private Limited Vs. National Company Law Tribunal, Kochi & Anr., WP (C) No. 27636/2020 (D)

> HC judgment dated 2020-12-11. Citation: TCN-2020-HC-00003. The case involves a Writ Petition (civil) filed in the High Court of Kerala at Ernakulam. The…

- **Court:** HC
- **Order date:** 11 Dec 2020
- **Citation:** TCN-2020-HC-00003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/tharakan-web-innovations-private-limited-vs-national-company-law-tribunal-kochi-cafc15f4

## Summary

### Background

The case involves a Writ Petition (civil) filed in the High Court of Kerala at Ernakulam. The petitioner, M/S. Tharakan Web Innovations Pvt. Ltd., seeks a stay on further proceedings in IBA/34/KOB/2020 pending before the 1st Respondent, the National Company Law Tribunal, Kochi Bench. The petition was filed along with an affidavit, and the court heard arguments from the petitioner's advocates and the Assistant Solicitor General of India for the respondent.

## Facts

M/S. Tharakan Web Innovations Pvt. Ltd. filed a Writ Petition (civil) in the High Court of Kerala at Ernakulam. The petitioner sought a stay on further proceedings in IBA/34/KOB/2020, which were pending before the National Company Law Tribunal (NCLT), Kochi Bench. The petitioner's request was based on the circumstances outlined in the affidavit filed along with the writ petition. The court admitted the petition, issued notice to the 2nd respondent, and granted a stay on the proceedings before the NCLT. The Assistant Solicitor General of India took notice for the 1st respondent.

## Issues and analysis

### Issue 1: Whether the High Court should grant a stay on the proceedings in IBA/34/KOB/2020 pending before the …

**Ratio:** The High Court has the power to grant a stay on proceedings before lower tribunals or

…

**Reasoning:** The court considered the circumstances presented in the affidavit filed along with the

…

**Interpretation:** The interpretation of the High Court's power to grant a stay involves balancing

…

**Application:** In this case, the court applied its power to grant a stay by considering the

…

## Parties

- **Judges:** P.V.A…
- **Appellants:** M/S.THARAKAN WEB…

## Timeline

- **2020-12-11 — Order Da…**: The High Court of Kerala passed an order admitting the writ petition, issuing notice to…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-chandigarh-bench/tharakan-web-innovations-private-limited-vs-national-company-law-tribunal-kochi-cafc15f4