M/S.Himavarsha Kuries Private ... vs Prasad C.J
2024 Latest Caselaw 29584 Ker

Kerala High Court

M/S.Himavarsha Kuries Private ... vs Prasad C.J on 17 October, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

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

                                      Present:
                        The Honourable Mr.Justice T.R.RAVI
             Thursday, the 17th day of October, 2024/25th Aswina, 1946


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

                        C.C.No.156/2021 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:-

     Prasad C.J.,
     Chammanam House,
     St.Pauls Street,
     Kuriachira, Thrissur,
     Pin - 680 006.


     This Claim coming on for hearing on this day in the presence of
Smt.S.Jasmine,      Standing Counsel for the Official Liquidator and Sri.Itty
Paulson, Advocate for the Respondent, this Court delivered the following:-
 CC NO. 156 OF 2021
                                      2




                                T.R.RAVI.J
             -------------------------------------------------------
            CC. No.156 of 2021 in C.P. No.13 of 2014
           --------------------------------------------------------
              Dated this the 17th day of October, 2024


                               JUDGMENT

Even though the claim petition in this case was

originally filed stating that the amount due is

Rs.22,000/- with interest, subsequently, a reply has been

filed by the Official Liquidator stating that after giving

credit to the amounts which have been paid, the amount

due is Rs.8,000/- which will be payable with interest at

12% per annum with effect from 10.05.2012.

2. The respondent entered appearance through

counsel and seeks wavier of the interest.

3. In the above circumstances, this application is CC NO. 156 OF 2021

allowed and an amount of Rs.8,000/- is decreed against

the respondent, to be paid along with interest at the rate

of 4% per annum on the said sum from 10.05.2012 till

realisation. The respondent is permitted to pay off the

amount in six equal monthly instalments, the first

instalment becoming payable on or before 12.12.2024

and the subsequent instalments becoming payable on or

before the 12th day of the succeeding months.

Sd/-

T.R.RAVI

JUDGE sn