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2026 Supreme(Online)(Ker) 5340

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
APPLETREE CHITS INDIA (P) LTD (IN LIQN.) – Appellant
Versus
HARIHARAN A. – Respondent
CC No.264/2022 in Co. Pet. No.2/2014



Advocates:
For the Appellants/Petitioners: Smt.S.Jasmine

The absence of the respondent in the liquidation proceedings results in a decree for payment at a reasonable interest rate as adjudged by the court.

Headnote:The judgment pertains to a claim filed by the liquidator under the Companies Act, 1956 for a decree of Rs.3,14,750 with interest. The respondent was absent and set ex-parte. The court determined that a 6% interest rate was reasonable given the circumstances and decreed the amount accordingly. The absence of contest led to the confirmation of the claim and stipulated payment terms.

Table of Content
1. claim filed by liquidator and respondent's absence. (Para 1 , 2)

JUDGMENT

The Liquidator has filed a claim dated 28.06.2022 seeking a decree against the respondent for a sum of Rs.3,14,750/- along with interest, at the rate of 12% per annum from the date of default i.e., 30.08.2013 till the date of realisation.

2. There was no appearance for the respondent and he was set exparte on 22.01.2026 and the case was posted to this date.

In the above facts and circumstances, since there is no contest to the claim made and on a finding that grant of 6% interest appears to be reasonable in the facts of this case, this application is allowed and an amount of Rs.3,14,750/- (Rupees three lakhs fourteen thousand seven hundred and fifty only) is decreed against the respondent to be paid along with interest at the rate of 6% per annum on the said sum from 30.08.2013 till realisation. No costs.

Sd/-

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