The High Court of Kerala, Ernakulam, on applications under rule 9 of the Companies (Court) Rules, 1956, set aside an ex parte decree after being satisfied with the reasons for the delay in filing the petition.
The ex parte decree dated 24.02.2016 is set aside.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
(Original Jurisdiction)
In the matter of the Companies Act, 1956
and
In the matter of M/s. Sreekovil Chits Company Pvt. Ltd. (In Liquidation)
Co.Appl. Nos.23 & 26/2021 in C.C. No.328/2015 in C.P. No.8/2011
Before:
The Honourable Mr.Justice V.G.Arun Wednesday, the 18th day of May 2022/28th Vaisakha,1944
APPLICANT/RESPONDENT
Ashraf P.K., S/o.Ammed,
Aged 48 years, Pulukkunnumal House, Thodannur, Vadakara,
Kozhikode District – 673 541.
RESPONDENT/CLAIMANT
M/s.Sreekovil Chits Company Pvt.Ltd.(IN LIQUIDATION), Represented by the Official Liquidator,
High Court of Kerala, Ernakulam.
Co.Appl. No.23/2021 in C.C. No.328/2015 in C.P. No.8/2011
Application under rule 9 of the Companies (Court) Rules, 1956 filed by the applicant above named praying for an order that the delay of 1834 days in filing the petition to set-aside the ex-parte decree passed on 24.02.2016 may kindly be condoned for the reason stated in the accompanying affidavit and also for the proper adjudication of the case.
Co.Appl. No.26/2021 in C.C No.328/2015 in C.P. No.8/2011
Application under rule 9 of the Companies (Court) Rules, 1956 filed by the applicant above named praying for an order that the ex parte decree dated 24.02.2016, passed against him in CC 328/2015 in CP 8/2011 may kindly be set-aside for the reasons stated in the
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accompanying affidavit and also for the proper adjudication of the case.
These Company Applications coming on for orders on this day upon hearing Sri.Zubair Pulikool, Advocate for the applicant and Smt.S.Jasmine, Standing Counsel for the Official Liquidator, the court passed the following:-
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V.G.ARUN, J.
============================ Company Application Nos.23 & 26 of 2021 in C.C.No.328 of 2015 in C.P.No.8 of 2011
============================ Dated this the 18th day of May, 2022
ORDER
In view of the payment of cost imposed, the company applications are closed. Being satisfied with the reasons stated in the affidavit filed in support of the applications
seeking to set aside the ex parte decree, the ex parte decree is set aside.
Sd/-
V.G.ARUN JUDGE
NB/18-5
2 issues framed by the court
Whether to condone the delay of 1834 days in filing the petition to set aside the ex parte decree.
Whether to set aside the ex parte decree dated 24.02.2016 passed against the applicant.
1 provisions across 1 enactments
Ashraf P.K.
M/s. Sreekovil Chits Company Pvt. Ltd. (In Liquidation)
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
