M/S.HIMAVARSHA KURIES PRIVATE LIMITED(IN LIQUIDATION) v. JOISY BINOY
CC/825/2021 · 2025-03-28
Harisankar V Menon
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4931 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4931 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF KERALA AT ERNAKULAM (Original Jurisdiction)
Present: The Honourable Mr.Justice HARISANKAR V. MENON Friday, the 28th day of March, 2025/7th Chaithra, 1947
In the matter of the Companies Act, 1956 and In the matter of M/s.Himavarsha Kuries Pvt. Ltd. (In Liquidation)
C.C.No.825/2021 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:-
Joisy Binoy,
Kunnamkumarath House,
Aranattukara,
Thrissur – 680 611.
This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and the Respondent being absent and set ex-parte, this Court delivered the following:-
2
C.C.No.825 of 2021 HARISANKAR V. MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Company Claim No.825 of 2021 in Co. Pet. No.13 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2025
JUDGMENT
The Official Liquidator has filed claim affidavit dated 12.10.2020, seeking a decree against the respondent for a sum of Rs.30,000/- along with interest at the rate of 12% per annum on the principal debt amount from 08.05.2012 till 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.30,000/- is decreed against the respondent, to be paid along with interest at the rate of 6% per annum on the said sum from 08.05.2012 till realisation. No costs.
Sd/-
HARISANKAR V. MENON
JUDGE anm