The Kerala High Court held a Company Claim where an Official Liquidator sued three individuals for `5,000` plus 12% interest. Noting the respondents' non-appearance, the Court decreed the claim ex-parte, directing payment as prayed.
Directed respondents to pay sum of `5,000/- along with 12% interest from 30.03.2012 till date of payment.
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 16th day of December 2022/25th 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.45/2020 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. Ramankutty N.S., Naduvilpattu House, Kolathoor P.O., Nellayi – 680 305.
2. Unnikrishnan V., Vadakkoot House, Nellayi P.O. - 680 305.
3. Saritha Pradeep, Parambath House, Nellayi P.O. - 680 305.
4. Bhanumathy K., Naduvilpattu House, Kolathur P.O., Nellayi – 680 305.
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.45 of 2020 in C.P. No.6 of 2013
2
N.NAGARESH, J
C.C. No.45 of 2020 in C.P. No.6 of 2013
Dated this the 16th day of December, 2022
JUDGMENT
This Company Claim is made by the Official Liquidator on behalf of the Company in Liquidation seeking to direct the respondents to pay an amount of `5,000/- along with 12% interest from the date of default i.e. 30.03.2012 till the date of payment as prayed for.
counsel. Therefore, the respondents are set ex-parte.
by the Official Liquidator, this Court is of the view that the claim
C.C. No.45 of 2020 in C.P. No.6 of 2013
3
has to be decreed as prayed for.
Accordingly, the claim is decreed and the respondents are
directed to pay a sum of `5,000/- along with 12% interest from
the date of default i.e. 30.03.2012 till the date of payment as
prayed for.
sd/-
N.NAGARESH, JUDGE
hmh
2 issues framed by the court
Whether the claim for recovery of `5,000/- plus 12% interest should be decreed ex-parte?
Whether the respondents' absence warrants ex-parte decree in this company claim?
1 provisions across 1 enactments
M/s. Thottippal Kuries Pvt. Ltd. (In Liquidation)
Ramankutty N.S.
Unnikrishnan V.
Saritha Pradeep
Bhanumathy K.
N.Nagaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
