The Kerala High Court dismissed a company claim under the Companies Act, 1956, for non-prosecution due to the inability of the Official Liquidator to serve notice on 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 HARISANKAR V.MENON
Tuesday,the 25thdayof March, 2025/4thChaithra, 1947
In the matter of the Companies Act, 1956
and
In the matter of M/s.Himavarsha Kuries Pvt. Ltd.
(In Liquidation)
C.C.No.422/2020 in C.P.No.13/2014
Claimant:-
M/s.Himavarsha Kuries Pvt. Ltd. (In Liquidation),
Represented by the Official Liquidator,
High Court of Kerala,
Ernakulam.
Respondent:-
Cristo Chacko,
Achikal House,
Nellikal,
Thrissur,
Pin – 680 631.
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
C.C.No.422 of 2020
HARISANKAR V. MENON, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Company Claim No.422 of 2020 in Co. Pet. No.13 of 2014
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2025
JUDGMENT
The afore company claim is presented in the year 2020.
However, the notice sent to the respondent has been returned with
the endorsement “not known”.
Viyyur Police Station, has informed the Official Liquidator through
the District Police Chief, Thrissur, that they were unable to find out
the addressee.
In the result, the Company Claim is dismissed for nonprosecution.
Sd/-
HARISANKAR V. MENON JUDGE
anm
M/s. Himavarsha Kuries Pvt. Ltd. (In Liquidation)
Cristo Chacko
Harisankar V. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court