The High Court, acting ex parte, allowed a claim by the Official Liquidator of M/s.Himavarsha Kuries Private Ltd. against the respondent for Rs.9,000 with 7% interest per annum from the date of default.
Decree for Rs.9,000 with 7% interest per annum from 26.03.2011 till realization.
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 VIJU ABRAHAM
Thursday, the 23rd day of November, 2023/2 nd Agrahayana, 1945
In the matter of the Companies Act, 1956
and
In the matter of M/s.Himavarsha Kuries Private Ltd. (In Liquidation)
C.C.No.22/2021 in C.P.No.13/2014
CLAIMANT
M/s.Himavarsha Kuries Private Ltd. (In Liquidation), Represented by the Official Liquidator, High Court of Kerala, Ernakulam.
RESPONDENT
Shajahan K.A., Kalluvetiparambil House, Kollam Kudi Mugal, Kakkanad – 682 021.
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.22 of 2021 in C.P. No.13 of 2014
2
VIJU ABRAHAM, J.
................................................................. C.C. No.22 of 2021 in C.P. No.13 of 2014
................................................................. Dated this the 23rd day of November, 2023
JUDGMENT
The Liquidator has filed a claim dated 30.09.2020, seeking a decree against the respondent for a sum of Rs.9,000/-, along with interest at the rate of 12% per annum from the date of default, ie. 26.03.2011 till the date of realisation.
In the above circumstances, since there is no contest to the claim made and on a finding that grant of 7% interest appears to be reasonable in the facts of this case, this application is allowed and an amount of Rs.9,000/- is decreed against the respondent, to be paid along with interest at the rate of 7% per annum on the said sum from 26.03.2011 till realisation. No costs.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2 issues framed by the court
Whether the claim for Rs.9,000/- along with interest is upheld in the absence of the respondent appearing in court.
What rate of interest is reasonable to be awarded on the decretal amount.
M/s.Himavarsha Kuries Private Ltd. (In Liquidation)
Shajahan K.A.
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
