Official Liquidator's uncontested claim against two subscribers for Rs.17,183 with interest in the liquidation of a chit company was decreed ex parte at 7% interest from the date of default till realisation.
Decree for Rs.17,183 against respondents 2 and 3 with 7% per annum interest from 20.6.2000 till realisation.
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 Mrs.Justice SHOBA ANNAMMA EAPEN
Wednesday, the 13th day of March, 2024/23 rd Phalguna, 1945
In the matter of the Companies Act, 1956 and In the matter of M/s.Sudarsan Chits (I) Ltd. (In Liquidation)
C.C.No.107/2013 in C.P.No.9/1981
CLAIMANT
M/s.Sudarsan Chits (I) Ltd. (In Liquidation) Represented by the Official Liquidator, High Court of Kerala, Ernakulam.
RESPONDENTS
The First respondent is deleted from the party array as per order dated 15/11/2023 in C.A.2/2019.
This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and Respondents 2 and 3 are being absent and set exparte this Court delivered the following:-
C.C.No. 107 of 2013 in C.P.No.9/1981
:-2-:
SHOBA ANNAMMA EAPEN, J.
C.C.No. 107 of 2013
in C.P.No.9/1981
----------------------------------Dated this the 13th day of March, 2024
J U D G M E N T
The Official Liquidator has filed a claim affidavit dated 9.1.2013 seeking a decree against the respondents for a sum of Rs.17,183/- with interest at the rate of 12% per annum from the date of default i.e. 20.6.2000 till the date of decree and thereafter at 12% interest till the date of realisation.
2. The first respondent is deleted from the party array as per order dated 15.11.2023 in C.A.No.2/2019. Notice was served on the second respondent, but there is no appearance. Hence, the second respondent is set exparte. The third respondent is set ex parte as per order dated 17.11.2017.
C.C.No. 107 of 2013 in C.P.No.9/1981
:-3-:
In the afore circumstances, since there is no contest to the claim made, this application is allowed and an amount of Rs.17,183/- is decreed against respondents 2 and 3 to be paid along with interest at the rate of 7% per annum on the said sum from 20.6.2000 till realisation.
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MBS/-
1 issue framed by the court
Whether a decree should be passed against the ex parte respondents for the Official Liquidator's claim of Rs.17,183/- with interest.
1 provisions across 1 enactments
M/s. Sudarsan Chits (I) Ltd. (In Liquidation) Represented by the Official Liquidator, High Court of Kerala, Ernakulam
Sri. Anand M.
Sri. Muralidhar G.M.
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
