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M/S.Soumya Kuries and Loans (P) Ltd. (in Liquidation) v. Smt.Girija Nandakumar

Kerala HC11 Nov 2022CC/1363/2014

Case brief

AI extract

What is this about?

Official Liquidator filed a Company Claim seeking a decree for ₹4,000 with 12% annual interest against the respondent. The Court reduced the interest to 6% per annum for the entire period and decreed the claim.

What did the court decide?

Decree for payment of ₹4,000 with interest at 6% per annum from the date of default until realisation, payable within one month.

M/S.Soumya Kuries and Loans (P) Ltd. (in Liquidation)… — Company and Corporate | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)

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Present The Honourable Mr.Justice N.NAGARESH Friday, the 11^th day of November 2022 / 20^th Karthika, 1944

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In the matter of the Companies Act, 1956 and In the matter of M/s.Soumya Kuries and Loans Pvt. Ltd.(In Liquidation)

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Company Claim No.1363/2014 in Company Petition No.11/2010

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Claimant:-

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M/s.Soumya Kuries and Loans Pvt. Ltd.(In Liquidation) Represented by the Official Liquidator, High Court of Kerala, Ernakulam.

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Respondent:-

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Smt.Girija Nandakumar, W/o.Nandakumar, Pisharam, Mattathur Village, P.O.Pady, Thrissur – 680 699.

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This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and Sri.J.Sushanth & Sri.Sarath Prasad S., Advocates for the respondent, this Court delivered the following:-

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C.C.No.1363 of 2014 in C.P.No.11 of 2010

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N.NAGARESH, J.

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C.C. No.1363 of 2014

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C.P. No.11 of 2010

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Dated this the 11^th day of November, 2022

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JUDGMENT

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This is a Claim filed by the Official Liquidator seeking for a decree directing the respondent to pay a sum of 4,000/- with₹ interest at the rate of 12% per annum from the date of default i.e., 22.04.2010 till the date of decree and thereafter at 12% interest per annum till the date of realisation.

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The respondent entered appearance and contested

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the Company Claim. The respondent mainly contended that the interest awarded is excessive and the interest is liable to be waived.

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C.C.No.1363 of 2014 in C.P.No.11 of 2010

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Having heard the counsel for the claimant and the

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counsel for the respondent, this Court is of the view that taking into consideration the amount payable by the respondent, interest can be reduced to 6% per annum.

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In view of the above, the Company Claim is decreed and the respondent shall pay a sum of 4,000/- with interest at the₹ rate of 6% per annum from the date of default till the date of

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decree and thereafter at the rate of 6% interest per annum till the date of realisation. The respondent shall pay the amount within a period of one month.

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Sd/-

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N.NAGARESH JUDGE

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spk

M/S.Soumya Kuries and Loans (P) Ltd. (in Liquidation) v. Smt.Girija Nandakumar

Case brief

What is this about?

What did the court decide?

M/S.Soumya Kuries and Loans (P) Ltd. (in Liquidation) v. Smt.Girija Nandakumar

Case brief

What is this about?

What did the court decide?

What the court decided

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