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

Present:

The Honourable Mr.Justice G.GIRISH Thursday, the 11 ^th day of April, 2024/22 ^nd Chaithra, 1946 In the matter of the Companies Act, 1956 and In the matter of M/s.Sreekovil Chits Company Private Ltd. (In Liquidation)

C.C.No.338/2015 in C.P.No.8/2011 Claimant:-

M/s..Sreekovil Chits Company Private Ltd. (In Liquidation)

Represented by the Official Liquidator, High Court of Kerala, Ernakulam.

Respondent:-

Sri.Vijeesh P.K., S/o.Balan, Pilathottathil House, Thiruvallur, Kozhikode, Kerala – 673 541.

This Claim coming on for hearing on this day in the presence of Smt.S.Jasmine, Standing Counsel for the Official Liquidator and Sri.Zubair Pulikool, Advocate for the respondent, this Court delivered the following:-

G.GIRISH, J.

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C.C.No.338 of 2015 in C.P.No.8 of 2011 ------------------------------------------------------

Dated this the 11th day of April, 2024.

JUDGMENT

The Official Liquidator has filed this Company Claim under Section 446 (2) (b) of the Companies Act, 1956 for a decree for realisation of Rs.1,44,000/- with interest from the respondent as the amount due from the respondent to the claimant company under liquidation.

2. The respondent appeared and contended that he had made payment to the claimant company which have not been accounted by the Official Liquidator. The original pass book was made available to the Standing Counsel for Official Liquidator for verification. After verification of the said pass book the Official Liquidator filed reply statement, revising the claim at Rs.1,00,000/-. Though the respondent was directed, as per the order dated 05.01.2018, to file a statement as to whether he admitted the above revised claim, he did not choose to file a statement so far.

4. Heard the learned counsel for the Official Liquidator.

5. Having regard to the facts stated in the claim affidavit of the Official Liquidator and the reply statement dated 05.05.2017, I am of the view that the Official Liquidator is entitled to a decree in respect of an amount of Rs.1,00,000/- with further interest at a rate of 6% per annum from 30.10.2010 till the date of full realisation as against the respondent.

In the result, a decree is passed permitting the Official Liquidator to realise an amount of Rs.1,00,000/- with interest at the rate of 6% per annum from 30.10.2010 till the date of full realisation from the respondent and all his assets.

The claim petition is disposed of as above.

Sd/-

G. GIRISH JUDGE LEK