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2026 Supreme(Online)(Ker) 14124

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
M/s.Appletree Chits India (P) Ltd. (In Liquidation) – Appellant
Versus
Sri.Rejinold B.S. – Respondent
CC No.2085/2023 in Co. Pet. No.2/2014



Advocates:
For the Appellants/Petitioners: Smt.S.Jasmine
For the Respondents: Sri.Rejinold B.S.

Acknowledgment of debt by a respondent can result in a decree irrespective of financial difficulties, establishing a clear path for claims under liquidation proceedings.

Headnote:The case analyzed involves the Companies Act, 1956, where the Liquidator sought a decree against the respondent for Rs.10,530/- plus interest based on a claim dated 11.05.2023. The respondent acknowledged financial difficulty but was ready to pay the principal sum. The court granted the claim along with imposed interest for delayed payment. The court framed issues around the payment obligations outlined in the claim and determined liability based on the respondents’ admission of debt and potential hardship. The final order entailed the respondent's obligation to pay within one month, failing which interest would accrue from the date of default.

Table of Content
1. liquidator's claim for recovery of dues. (Para 1)
2. acknowledgment of debt by respondent. (Para 2)

JUDGMENT

The Liquidator has filed a claim dated 11.05.2023 seeking a decree against the respondent for a sum of Rs.10,530/- along with interest, at the rate of 12% per annum from the date of default i.e., 21.09.2021 till the date of realisation.

2. Respondent entered appearance in person, and submits that he is ready to pay the principal amount and some leniency may be shown in the matter of interest, since he is in serious financial difficulty.

After hearing the learned Counsel for the claimant Liquidator, and the party respondent who is appearing in person, I am inclined to decree the company claim for an amount of Rs.10,530/- (Rupees Ten Thousand Five Hundred and Thirty only) and Rs.1000/- (Rupees Thousand only) towards interest which shall be paid by the respondent within a period of one month from 26.02.2026 before the Official Liquidator. If the amount is not paid, the respondent will be liable to pay an amount of Rs.10,530/- along with 12%

interest per annum on the said sum from 21.09.2021 till realisation.

Sd/-

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