M/S.Mayuram Chitties & General ... vs Sri.Rajeev.T.R,Thattarath ...
2024 Latest Caselaw 16855 Ker

Kerala High Court

M/S.Mayuram Chitties & General ... vs Sri.Rajeev.T.R,Thattarath ... on 12 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

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

                                      Before:
               The Honourable Mr.Justice A.MUHAMED MUSTAQUE
              Wednesday, the 12th day of June, 2024/22nd Jyaishta, 1946


                         In the matter of the Companies Act, 1956
                                             and
           In the matter of M/s.Mayuram Chitties and General Finance (P) Ltd.
                                 (In Provisional Liquidation)

                     C.C. No.571/2008 in Co.Pet No.34 & 53/2002


Claimant

       M/s.Mayuram Chitties and General Finance (P) Ltd.
       (In Provisional Liquidation)
       Represented by the Official Liquidator,
       High court of Kerala, Ernakulam.


Respondent

       Sri.Rajeev T.R.,
       Thattarath House,
       P.O.Valappad Beach.



              This company Claim coming on for hearing on this day in the presence of
Smt.S.Jasmine, Standing Counsel for the Official Liquidator and Sri.K.K.Ashkar &
Ashira Mohamed Ahsrof, Advocates for the Respondent, this Court delivered the
following:-
 CC No.571 of 2008 In Co.Pet.Nos.34 & 53 of 2002 &
Co.Appl.No.417 of 2013 In Co.Pet.Nos.34 & 53 of 2002
                                                       2

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

                            In the matter of the Companies Act, 1956
                                                and
              In the matter of M/s.Mayuram Chitties and General Finance (P) Ltd.
                                    (In Provisional Liquidation)

         Co.Appl. No.417/2013 in C.C. No.571/2008 in Co.Pet No.34 & 53/2002

                                          Before:
                   The Honourable Mr.Justice A.MUHAMED MUSTAQUE
                  Wednesday, the 12th day of June, 2024/22nd Jyaishta, 1946



Applicant/Respondent:-

         Rajeev T.R., aged 50 years,
         S/o.Ravindranathan,
         Residing at Thattarath House,
         Ettumana, Karuvannur P.O.,
         Thrissur - 680 711.


Respondent/Claimant:-

         1.        M/s.Mayuram Chitties and General Finance (P) Ltd.,
                   Represented by the Official Liquidator,
                   High court of Kerala.

         2.        Deputy Tahsildar (Revenue Recovery),
                   Chavakkadtaluk, Thrissur.

         Company Appliation under Rule 9 of the Companies Act, 1956 filed by the
Applicant above named praying for keeping in abeyance Annx-A2 demand notice
issued u/s. 7 of the Revenue Recovery Act and further proceedings, as stated in the
above application and the Annexures thereto.

                   This company Application coming on for hearing Sri.K.K.Ashkar &
Ashira Mohamed Ashrof, Advocates for the Applicant and Smt.S.Jasmine, Standing
Counsel for the Official Liquidator, this Court delivered the following:-
 CC No.571 of 2008 In Co.Pet.Nos.34 & 53 of 2002 &
Co.Appl.No.417 of 2013 In Co.Pet.Nos.34 & 53 of 2002
                                                       3



                                  A.MUHAMED MUSTAQUE, J.
        -------------------------------------------------------------
        C.C.No.571 of 2008 In Co.Pet.Nos.34 & 53 of 2002
                                &
       Co.Appl.No.417 of 2013 In Co.pet.Nos.34 & 53 of 2002
         ------------------------------------------------------------
                        Dated this the 12th day of June, 2024

                                             JUDGMENT

The respondents admitted the liability and are

seeking only instalment facility. Accordingly, the decree is

granted on condition that the principal amount shall be paid

along with 6% interest in ten monthly instalments starting from

15.07.2024 onwards. On failure to clear the liability in

instalments, the Official Liquidator is free to execute the decree

as though further instalments have not been granted.

Accordingly, both cases stand disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE rkj