In the absence of the respondent despite service of notice, the Kerala High Court ex-parte decreed the company claim filed by the Official Liquidator, directing the respondent to pay Rs. 22,000 along with 12% interest.
Decreed the Company Claim and directed the respondent to pay an amount of Rs. 22,000/- along with 12% interest.
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.9/2020 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.
RESPONDENT
Shabeer V.M., Vadakethalakil House, Velupadam P.O., Varandarappilly – 680 302.
This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and the Respondent being absent and set ex-parte, this Court delivered the following:-
C.C. No.9 of 2020 in C.P. No.6 of 2013
2
N.NAGARESH, J
C.C. No.9 of 2020 in C.P. No.6 of 2013
---------------------------------------------------------------------------------Dated this the 25th day of November, 2022
JUDGMENT
Inspite of service of notice, the respondent has not
appeared before this Court in person nor is he represented through counsel. The respondent is therefore set ex-parte.
In view of the claim affidavit dated 23.06.2020 filed by the Official Liquidator, the Company Claim is decreed and the respondent is directed to pay an amount of `22,000/- along with 12% interest from the date of default (22.01.2011) till the date of
realisation.
sd/-
N.NAGARESH, JUDGE
hmh
2 issues framed by the court
Whether the claim filed by the Official Liquidator under the Companies Act, 1956 should be dismissed given the respondent's absence.
Whether the company claim should be decreed and the respondent directed to pay the claimed amount of 22,000/- with interest.
1 provisions across 1 enactments
M/s. Thottippal Kuries Pvt. Ltd. (In Liquidation)
Shabeer V.M.
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
