# In the matter of E.M. Najeeb Ellias Mohammed vs. Union Bank of India

> HC judgment dated 2024-02-13. Citation: TCN-2024-HC-00128. The writ petition (civil) was filed in the High Court of Kerala at Ernakulam, praying for a stay on…

- **Court:** HC
- **Order date:** 13 Feb 2024
- **Citation:** TCN-2024-HC-00128
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/em-najeeb-ellias-mohammed-vs-union-bank-of-india-528882cf

## Summary

### Background

The writ petition (civil) was filed in the High Court of Kerala at Ernakulam, praying for a stay on further proceedings pursuant to Exhibit P-1 order of the National Company Law Tribunal, Kochi Bench dated 22.12.2023, pending disposal of the Writ Petition (Civil). The petition was filed by E.M. Najeeb Ellias Mohammed, the promoter of Air Travel Enterprises India Limited, against Union Bank of India and Rajmohan R, the Interim Resolution Professional of M/S Air Travel Enterprises India Limited.

## Facts

E.M. Najeeb Ellias Mohammed, the promoter of Air Travel Enterprises India Limited, filed a writ petition (civil) in the High Court of Kerala seeking a stay on further proceedings pursuant to an order (Exhibit P-1) issued by the National Company Law Tribunal (NCLT), Kochi Bench, dated 22.12.2023. The petitioner had also filed a stay petition in Company Appeal (AT) (INS) No.8/2024 before the NCLT, Chennai. The court is now seeking a report from the NCLT, Chennai, regarding the status of that stay petition. Union Bank of India is the first respondent, and Rajmohan R, the Interim Resolution Professional of Air Travel Enterprises India Limited, is the second respondent.

## Issues and analysis

### Issue 1: Whether the High Court should grant a stay on the proceedings pursuant to the order of the National …

**Ratio:** The court has the power to grant a stay on proceedings of lower courts or tribunals

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**Reasoning:** The court decided to seek a report from the NCLT, Chennai, regarding the status of the

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**Interpretation:** The court is exercising caution and seeking information about related

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**Application:** The court's decision to seek a report from the NCLT, Chennai, before deciding

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## Parties

- **Judges:** DEVAN RAMAC…
- **Appellants:** E.M. NAJEEB…
- **Respondents:** AIR TRAVEL…; Union Bank of…
- **Other parties:** Kohi…

## Timeline

- **2023-12-22 — NCLT Ord…**: National Company Law Tribunal, Kochi…
- **2024-02-06 — Previous Cour…**: The High Court had issued…

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