Case Summary
The plaintiffs, represented by their power of attorney holder, claim that the defendants fraudulently transferred properties and failed to complete construction of apartments. They seek an injunction and declaration that certain agreements are void.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found the plaintiffs did not make a prima facie case for the injunction based on the maintainability of the suit.
The court found the plaintiffs did not make a prima facie case for the injunction based on the maintainability of the suit.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Plaintiffs
Samson T George (60 years years)
Thanninilkunnathil House, Pariyaram, Elanthoor P O, Elanthoor Village, Kozhencherry Taluk, Pathanamthitta District, Pin – 689643
Babu Mathew (66 years years)
Theodical House, Theodical P O, Ayroor Village, Ranni Taluk, Pathanamthitta District, Pin – 689613
Defendants
Aakriti Barthwal (39 years years)
E 103, Saket Colony, Opposite Ex-Deputy Mayor’s House, Ajabpurkala, Dehradun- 248001, Uttarakhand District
Arun Kumar K (59 years years)
1108, Sunny Palace Apartment, Changampuzha Samadhi Road, Edappally, Kochi – 682024
Official Liquidator, MIR Realtors Pvt. Ltd (Age not specified years)
Ann Villa, Fathima Church Lane, Elamkulam, Kadavanthara P O, Ernakulam, Pin – 682020
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Seeking interim prohibitory injunction restraining the respondents from alienating or encumbering the plaint Q schedule property pending suit.
Evidence:
The court is not convinced that any irreparable harm and injury would ensue upon the petitioners if the relief of interim injunction is not granted.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 1st plaintiff in favor of Alex Joseph.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 2nd plaintiff in favor of Alex Joseph.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Challenges the validity of the sale agreement dated 16.07.2010.
Reference:
Ext.A3
Document Type:
Construction Agreement
Submitted By:
Plaintiff
Relevance:
Challenges the validity of the construction agreement.
Reference:
Ext.A4
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A5
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A6
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A7
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Issued by Thrikkakara Municipality regarding the property.
Reference:
Ext.A9
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Regarding the Joint Venture Agreement produced by MIR Realities Pvt. Ltd.
Reference:
Ext.A10
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order in W A No. 306 of 2025 from the Hon’ble High Court of Kerala.
Reference:
Ext.A11
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A12
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A13
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A14
Document Type:
Document from SRO
Submitted By:
Plaintiff
Relevance:
Provides background on ownership of the property.
Reference:
Ext.A15
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakara Gram Panchayat.
Reference:
Ext.A16
Document Type:
Permission Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakara Gram Panchayat.
Reference:
Ext.A17
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Issued by the Thrikkakara Municipality.
Reference:
Ext.A18
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order issued by Thrikkakkara Municipality.
Reference:
Ext.A19
Document Type:
No Objection Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Airport Authority of India.
Reference:
Ext.A20
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
Filed by the Plaintiffs before the Hon’ble High Court.
Reference:
Ext.A21
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B1
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
Form G - Public Announcement.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B3
Document Type:
Public Announcement
Submitted By:
Defendant
Relevance:
Form B - Public Announcement.
Reference:
Ext.B4
Document Type:
List of Creditors
Submitted By:
Defendant
Relevance:
List of Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B5
Document Type:
List of Unsecured Financial Creditors
Submitted By:
Defendant
Relevance:
List of Unsecured Financial Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B6
Document Type:
List of Secured Financial Creditors
Submitted By:
Defendant
Relevance:
List of Secured Financial Creditors of MIR Realtors Pvt. Ltd.
Reference:
Ext.B7
Document Type:
Audit report
Submitted By:
Defendant
Relevance:
Statutory Audit report issued by Independent Auditor.
Reference:
Ext.B8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B11
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by the Hon’ble High Court of Kerala.
Reference:
Ext.B12
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Judgment passed by CDRC, Thiruvananthapuram.
Reference:
Ext.B13
Document Type:
Final Order/Judgment
Submitted By:
Defendant
Relevance:
Final Order/Judgment passed by the CDRF, Kottayam.
Reference:
Ext.B14
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
Executed by the plaintiffs and another land owner with MIR Realtors Pvt. Ltd.
Reference:
Ext.B15
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Issued by Thrikkakkara Grama Panchayath.
Reference:
Ext.B16
Document Type:
Consent to Establish
Submitted By:
Defendant
Relevance:
Issued by Kerala State Pollution Control Board.
Reference:
Ext.B17
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Issued by the Department of Fire and Rescue Services.
Reference:
Ext.B18
Document Type:
Environmental Clearance Certificate
Submitted By:
Defendant
Relevance:
Issued by the Ministry of Environment and Forest.
Reference:
Ext.B19
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by the Kerala State Pollution Control Board.
Reference:
Ext.B20
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order of the renewal of permit issued from Thrikkakkara Municipality.
Reference:
Ext.B21
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by the Chief Engineer, KSEB.
Reference:
Ext.B22
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Executed between plaintiffs and Giju Thomas.
Reference:
Ext.B23
Document Type:
Agreement for sale
Submitted By:
Defendant
Relevance:
Executed between plaintiffs and Arun Varghese George.
Reference:
Ext.B24
Document Type:
Plaint
Submitted By:
Defendant
Relevance:
Filed by the Plaintiffs before the Hon’ble Munsiffs Court.
Reference:
Ext.B25
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
Filed by the defendant in OS No. 825 of 2023 before the Hon’ble Munsiffs Court.
Reference:
Ext.B26
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed in favour of MIR Realtors Pvt. Ltd.
Reference:
Ext.B27
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed in favour of MIR Realtors Pvt. Ltd.
Reference:
Ext.B28
Document Type:
KVAT Return Form
Submitted By:
Defendant
Relevance:
Filed by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B29
Document Type:
KVAT Audit Report
Submitted By:
Defendant
Relevance:
Filed by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B30
Document Type:
KVAT Audit Report
Submitted By:
Defendant
Relevance:
Filed by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B31
Document Type:
Works Contract Compounding Application
Submitted By:
Defendant
Relevance:
Filed by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B32
Document Type:
Works Contract Compounding Application
Submitted By:
Defendant
Relevance:
Filed by M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B33
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed.
Reference:
Ext.B34
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
Filed by the 1st plaintiff.
Reference:
Ext.B35
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
Filed by the 2nd plaintiff.
Reference:
Ext.B36
Document Type:
Declaration
Submitted By:
Defendant
Relevance:
Filed by Philip John.
Reference:
Ext.B37
Document Type:
Fire NOC
Submitted By:
Defendant
Relevance:
Issued by the Department of Fire and Rescue Services.
Reference:
Ext.B38
Document Type:
Brochure
Submitted By:
Defendant
Relevance:
Published by MIR Realtors Pvt. Ltd.
Reference:
Ext.B39
Document Type:
Brochure
Submitted By:
Defendant
Relevance:
In respect of Tower Jade Heights-II in MIR Green Metropolis.
Reference:
Ext.B40
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Executed by the plaintiffs in favour of Pandian.
Reference:
Ext.B41
Document Type:
Certificate of Incorporation
Submitted By:
Defendant
Relevance:
Certification of Incorporation.
Reference:
Ext.B42
Document Type:
Memorandum of Association
Submitted By:
Defendant
Relevance:
Of M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B43
Document Type:
Articles of Association
Submitted By:
Defendant
Relevance:
Of M/s MIR Realtors Pvt. Ltd.
Reference:
Ext.B44
Document Type:
Shareholding Pattern
Submitted By:
Defendant
Relevance:
Prepared by M/s Kovoor & Co. Chartered Accountants.
Reference:
Ext.B45
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Executed in favour of.
Reference:
Ext.B46
Document Type:
Details of Company
Submitted By:
Defendant
Relevance:
Downloaded from the Ministry of Corporate Affairs.
Reference:
Ext.B47
Document Type:
Details of Company
Submitted By:
Defendant
Relevance:
Downloaded from the Ministry of Corporate Affairs.
Reference:
Ext.B48
Document Type:
Details of Company
Submitted By:
Defendant
Relevance:
Downloaded from the Ministry of Corporate Affairs.
Reference:
Ext.B49
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Issued by Alex Joseph to the Fire and Rescue Services.
Reference:
Ext.B50
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Issued by Alex Joseph to the Secretary, Thrikkakkara Municipality.
Reference:
Ext.B51
Document Type:
Loan Agreement
Submitted By:
Defendant
Relevance:
Executed.
Reference:
Ext.B52
Document Type:
Joint Venture Agreement
Submitted By:
Defendant
Relevance:
Executed between the plaintiffs and MIR Realtors Pvt. Ltd.
Reference:
Ext.B53
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by the Hon’ble NCLT, Kochi Bench.
Reference:
Ext.B54
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by the Hon’ble High Court.
Reference:
Ext.B55