# In the matter of Kerala Chamber of Commerce vs. Directorate of Enforcement, Crl. M. Appl No. 1-2024 in Crl MC No. 3605 of 2024]

> HC judgment dated 2024-04-12. Citation: TCN-2024-HC-00103. The case involves a criminal miscellaneous application (CRL.M.APPL.NO.1/2024) filed in the High…

- **Court:** HC
- **Order date:** 12 Apr 2024
- **Citation:** TCN-2024-HC-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kerala-chamber-of-commerce-vs-directorate-of-enforcement-crl-m-appl-no-1-2024-in-f3ae1ffd

## Summary

### Background

The case involves a criminal miscellaneous application (CRL.M.APPL.NO.1/2024) filed in the High Court of Kerala at Ernakulam, related to CRL.MC NO. 3605 of 2024 and SC 4/2023 OF SPE/CBI-III, ERNAKULAM. The petitioners, M/S Kerala Chamber of Commerce and Industry and Jossy Steephen Kattur (Resolution Professional), sought a stay on further proceedings against them in SC No. 4/2023 (PMLA) pending before the Special Court SPE/CBI-I/PMLA/Addl. District Court III Ernakulam.

## Facts

M/S Kerala Chamber of Commerce and Industry and Jossy Steephen Kattur, a Resolution Professional, filed an application in the High Court of Kerala seeking a stay on proceedings against them in SC No. 4/2023 (PMLA) pending before the Special Court. Jossy Steephen Kattur is the Resolution Professional appointed by the National Company Law Tribunal, Kochi, for the Kerala Chamber of Commerce and Industry. The Directorate of Enforcement is the respondent in the case. The petitioners are accused in SC No. 4/2023 (PMLA). The application was filed to stay further proceedings and to pass an ad interim order to that effect.

## Issues and analysis

### Issue 1: Whether the second petitioner, being a Resolution Professional appointed by the National Company …

**Ratio:** A Resolution Professional, acting in a representative capacity, should not be subjected

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**Reasoning:** The court reasoned that the second petitioner was acting as a Resolution Professional

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**Interpretation:** This interprets that individuals acting in a representative capacity, such as

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**Application:** The court applied this principle to the specific facts by directing that the

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## Parties

- **Judges:** Bechu Kurian…
- **Appellants:** M/s Kerala…
- **Respondents:** DIRECTORATE OF…

## Timeline

- **2024-04-12 — Order Da…**: The High Court passed an order directing that the second petitioner, Jossy Steephen…

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