M/S.Himavarsha Kuries Private ... vs M.P.Unnikrishnan
2023 Latest Caselaw 10219 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                     (ORIGINAL JURISDICTION)

                             PRESENT:
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 21ST    DAY OF SEPTEMBER, 2023/30TH   BHADRA,   1945

             IN THE MATTER OF THE COMPANIES ACT, 1956
                               AND
    IN THE MATTER OF M/S.HIMAVARSHA KURIES PVT. LTD. (IN
                           LIQUIDATION)

                C.C.NO.538/2020 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

    M.P.UNNIKRISHNAN,
    MULLAPPILLI HOUSE,
    KUTTANELLUR,
    THRISSUR - 680 014.


    THIS CLAIM COMING ON FOR HEARING ON THIS DAY IN THE
PRESENCE OF SMT.S.JASMINE,    STANDING COUNSEL FOR THE OFFICIAL
LIQUIDATOR AND RESPONDENT BEING ABSENT AND SET EX-PARTE, THIS
COURT DELIVERED THE FOLLOWING:-
 Company Claim No.538 Of 2020 in C.P No.13/2014
                                   2



                          VIJU ABRAHAM, J.
                 -----------------------------------------------
               Company Claim No.538 Of 2020
                                       in
                            C.P No.13/2014
               --------------------------------------------------
              Dated this the 21st day of September, 2023

                               JUDGMENT

When the matter was taken up for consideration on

14.09.2023, there is no appearance for the respondent,

though notice was duly served. This Court has posted

the matter to today and there is no appearance for the

respondent today also and the respondent is set ex-

parte.

2. The Official Liquidator has filed claim affidavit

dated 22.10.2020 seeking a decree for an amount of

Rs.12,000/- along with interest at the rate of 12% per

annum from the principal debt amount of Rs.12,000/-

on 28.11.2009 till the date of decree and thereafter as

12% per annum on the principal debt till the date of

realisation.

Company Claim No.538 Of 2020 in C.P No.13/2014

Since there is no contest to the claim made by the

Official Liquidator, the application is allowed and an

amount of Rs.12,000/- is decreed against the

respondent to be paid along with interest at the rate of

7% per annum of the said amount from 28.11.2009 till

the date of realisation.

Sd/-

VIJU ABRAHAM JUDGE

SPR