M/S.Thottippal Kuries ... vs Kavya Surendran
2023 Latest Caselaw 1420 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            (Original Jurisdiction)

                                       Present:
                     The Honourable Mr.Justice N.NAGARESH
              Friday, the 20th day of January 2023/30th Pousha, 1944

                      In the matter of the Companies Act, 1956
                                          and
            In the matter of M/s.Thottippal Kuries Pvt. Ltd. (In Liquidation)

                          C.C.No.139/2020 in C.P.No.6/2013



CLAIMANT

      M/s.Thottippal Kuries Pvt. Ltd. (In Liquidation),
      Represented by the Official Liquidator,
      High Court of Kerala, Ernakulam.


RESPONDENTS

      1.      Kavya Surendran,
              Elanthaly House,
              Kodaly,
              P.O.Vellikkulangara - 680 699.

     * 2.     Babish V.B. (Deleted)
              S/o.Babu,
              Vallakkadan House,
              Vellikulangara P.O.,
              Kodaly - 680 699.


      3.      Sabu K.T.,
              Kappalumathattathil House,
              Inchakundu P.O. -

     * R2 is deleted from the party array as per Judgment dated 20/01/2023 in CC
      139/2020 in CP 6/13.


              This Claim coming on for hearing on this day in the presence of
Smt.S.Jasmine, Standing Counsel for the Official Liquidator and Sri.Sam Isaac
Pothiyil, Advocate for the Respondent No.1 and the Respondent No.3 being absent
and set ex-parte, this Court delivered the following:-
 C.C No.139 of 2020 in C.P. No.6 of 2013
                                      2




                           N.NAGARESH, J.
               ------------------------------------------------
                         C.C. No.139 of 2020
                                     in
                           C.P. No.6 of 2013
            ------------------------------------------------------
            Dated this the 20th day of January, 2023


                              JUDGMENT

The Official Liquidator states that the 2nd respondent may be

deleted from the party array. The 2 nd respondent is accordingly

deleted from the party array.

2. Though service is complete on the 3rd respondent, there

is no representation for the 3 rd respondent. Therefore, the 3rd

respondent is set ex-parte.

3. The 1st respondent entered appearance and admitted

the liability. The 1st respondent submitted that some relaxation

may be made in the matter of payment of interest. C.C No.139 of 2020 in C.P. No.6 of 2013

3. Perusing the claim affidavit of the Official Liquidator and

the facts projected by the counsel for the 1 st respondent, I am

inclined to reduce the interest payable from 12% to 6%.

Accordingly, a decree is passed holding that

respondents 1 and 3 are liable to pay an amount of `4,000/- with

6% interest from the date of default, ie. 28.03.2012, till the date of

payment.

Sd/-

N.NAGARESH JUDGE sss