M/S.Himavarsha Kuries Private Limited ... vs Mini Peter
2024 Latest Caselaw 26608 Ker

Kerala High Court

M/S.Himavarsha Kuries Private Limited ... vs Mini Peter on 5 September, 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 5th day of September, 2024/14th Bhadra, 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.300/2020 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


       Mini Peter,
       Peter (H),
       Kattathara House,
       Puzhakkal P.O.,
       Vivekananda Road,
       Puzhakkal - 680 555.


       This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine,
Standing Counsel for the Official Liquidator and Sri.Amal Jees Alex & Sri.P.A.Gireesh
Kumar, Advocates for the Respondent and the Respondent being absent and set ex-parte,
this Court delivered the following:-
 CC. No.300 of 2020 in CP.No.13 of 2014

                                         2

                              T. R. RAVI, J.
                          ------------------------
                          C.C. No.300 of 2020
                                     in
                           C.P.No.13 of 2014
                          ------------------------
                Dated this the 05th day of September, 2024

                                    JUDGMENT

The Liquidator has filed claim affidavit dated 15.10.2020,

seeking a decree against the respondent for a sum of Rs.7,000/-,

along with interest at the rate of 12% per annum on the principal

sum from 07.07.2011 till the date of decree; and thereafter at the

rate of 12% on the said sum, till the date of realisation.

2. There is no appearance for the respondent in spite of

valid service of notice, nor is there any opposition to the claim. The

respondent is hence declared ex parte.

3. Since there is no serious dispute regarding the principal

amount claimed, this application is allowed and an amount of

Rs.7,000/- is decreed against the respondent, to be paid along with

interest at the rate of 4% per annum on the said sum from

07.07.2011 till realisation.

Sd/-

T.R. RAVI JUDGE mpm