In an ex-parte hearing, the Kerala High Court allowed a Company Claim filed against Saritha Ramesh and Ramesh K.K. The court ordered the respondents to pay Rs. 16,000 along with interest at 12% from the date of default.
Respondents directed to pay Rs. 16,000 along with interest at 12% from 18.04.2012 till the date of realisation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)
Present: The Honourable Mr.Justice N.NAGARESH Friday, the 25th day of November 2022/4th Agrahayana, 1944
In the matter of the Companies Act, 1956 and In the matter of M/s.Thottippal Kuries Pvt. Ltd. (In Liquidation)
C.C.No.7/2020 in C.P.No.6/2013
CLAIMANT
M/s.Thottippal Kuries Pvt. Ltd. (In Liquidation), Represented by the Official Liquidator, High Court of Kerala, Ernakulam.
RESPONDENTS
1. Saritha Ramesh, Koottukal House, Chengaloor, Chengaloor P.O. - 680 312.
2. Ramesh K.K., Koottukal House, Chengaloor, Chengaloor P.O. - 680 312.
This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and the Respondents being absent and set ex-parte, this Court delivered the following:-
C.C. No.7 of 2020 in C.P. No.6 of 2013
2
N.NAGARESH, J
C.C. No.7 of 2020 in C.P. No.6 of 2013
---------------------------------------------------------------------------------Dated this the 25th day of November, 2022
JUDGMENT
Though service is complete, the respondents have failed
to appear before this Court in person nor are they represented through counsel. The respondents are therefore set ex-parte.
In view of the averments contained in the claim affidavit dated 22.06.2020, the Company Claim is allowed and the respondents are directed to pay an amount of `16,000/- along
with interest at the rate of 12% from the date of default (18.04.2012) till the date of realisation.
sd/-
N.NAGARESH, JUDGE
hmh
1 issue framed by the court
Whether the Company Claim under the Companies Act, 1956 is liable to be allowed in the absence of the respondents?
1 provisions across 1 enactments
M/s.Thottippal Kuries Pvt. Ltd. (In Liquidation)
Saritha Ramesh
Ramesh K.K.
NNAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
