On a claim that the respondent settled the due amount and refunded the excess, the Court closed the company claim as fully satisfied and directed the liquidator to return the Fixed Deposit receipt.
Company claim closed as satisfied; Fixed Deposit receipt to be returned to the respondent.
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 V.G.ARUN Wednesday, the 25th day of May 2022/4th Jyaishta, 1944
In the matter of the Companies Act, 1956 and
In the matter of M/s. HIMAVARSHA KURIES PRIVATE LIMITED (IN LIQUIDATION)
COMPANY CLAIM NO.680/2021 IN COMPANY PETITION NO.13/2014
CLAIMANT
RESPONDENT
This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator, this Court delivered the following:-
2
V.G.ARUN, J.
======================== C.C. No.680 of 2021 in C.P.No.13 of 2014
========================= Dated this the 25th day of May, 2022
JUDGMENT
The Official Liquidator has filed an additional statement, pointing out that the entire amount due towards
the company claim has been settled by the respondent and the excess amount paid has been refunded. It is pointed out that a Fixed Deposit receipt for Rs.25,000/- of the Puthur Service Co-operative Bank Ltd., submitted as security for the Kuri conducted by the Company in liquidation has to be refunded to the respondent.
Accordingly, the company claim is closed as fully satisfied, and the Official Liquidator is directed to return the Fixed Deposit receipt to the respondent forthwith.
Sd/-
V.G.ARUN
JUDGE
NB/25-5
2 issues framed by the court
Whether the company claim ought to be closed upon settlement and refund of excess payment.
Whether the Official Liquidator is directed to return the Fixed Deposit receipt to the respondent.
1 provisions across 1 enactments
LIZY JOSE VARUBBY
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
