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2026 Supreme(Online)(Ker) 5879

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
M/s.Kalpetta Janakshema Maruthi Chits Pvt. Ltd. (In Liqn.) – Appellant
Versus
Vinodkumar S., Sundaram – Respondent
CC No.1799/2022 in Co. Pet. No.43/2016



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

In absence of contest, a liquidator's claim for decree is granted with deemed reasonable interest.

Headnote:In the matter of Companies Act, 1956, the Liquidator claimed a sum of Rs.44,750/- plus interest due from the respondents. Due to the absence of respondents, the Court acknowledged that there was no contest and deemed 6% interest reasonable, thus granting the decree against the respondents. The Court's determination emphasized the lack of defense from the respondents, leading to the conclusion that the claim's amount and interest were justified.

Table of Content
1. the claim filed by the liquidator due to absence of respondents. (Para 1 , 2)

JUDGMENT

The Liquidator has filed a claim dated 08.11.2022 seeking a decree against the respondents for a sum of Rs.44,750/- along with interest, at the rate of 12% per annum from the date of default i.e., 05.11.2015 till the date of realisation.

2. There was no appearance for the respondents and they were 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.44,750/- (Rupees Forty-Four Thousand Seven Hundred and Fifty only) is decreed against the respondents to be paid along with interest at the rate of 6% per annum on the said sum from 05.11.2015 till realisation. No cost.

Sd/-

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