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2026 Supreme(Online)(Ker) 33962

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Appletree Chits India (P) Ltd. – Appellant
Versus
Sunil G.V. – Respondent
CC No.2712/2023 in Co. Pet. No.2/2014



Advocates:
For the Appellants/Petitioners: S.Jasmine
For the Respondents: T.K.Biju

The court has equitable jurisdiction to scale down interest rates and permit instalment payments in company liquidation debt recovery matters.

Headnote:The proceedings concern a claim initiated by an Official Liquidator against a respondent for the recovery of a principal debt amount under the Companies Act, 1956. The court scrutinized the liability and the interest rate sought by the claimant, acknowledging the respondent's request for an alternative payment plan. The court determined that the claim is well-founded but exercised its discretion to moderate the interest rate to 6% per annum. The principal issues framed were the liability for the default amount and the reasonableness of the interest claimed. The ratio decidendi rests on the court's equitable jurisdiction to manage company liquidation claims, balancing the recovery of debts with the financial capacity of the debtor by granting monthly instalments and adjusting penal interest rates. The claim is accordingly decreed for the recovery of the principal sum with a reduced interest rate of 6% per annum, with the respondent granted six monthly instalments for repayment.

Table of Content
1. determination of debt liability and requested relief. (Para 1 , 2 , 3)
2. court's discretion to reduce interest and grant instalment relief. (Para 4)

JUDGMENT

This company claim has been instituted seeking a decree against the respondent for a sum of Rs.51,500/- along with interest at the rate of 12% per annum from the date of default i.e., 24.08.2020 till the date of realisation.

2. Heard Smt.S.Jasmine, the learned Standing Counsel for the Official Liquidator, as well as Sri.T.K.Biju, the learned counsel for the respondent.

3. Sri.Biju, the learned counsel for the respondent, fairly points out that the respondent only requires an instalment facility. He would further state that the interest claimed is at 12% per annum, which may also be scaled down.

4. Taking note of the contentions raised as above, I am of the opinion that this company claim could be decreed, after scaling down the interest to 6% per annum. The respondent is also granted six monthly instalments for clearing the arrears.

Accordingly, this company claim is decreed and an amount of Rs.51,500/- is realisable along with interest at the rate of 6% per annum on the principal debt amount from 24.08.2020 till the date of realisation.

The respondent would be entitled to clear the afore amount in six equal monthly instalments, commencing from 07.07.2026. If two successive defaults are committed by the respondent, the benefits of this judgment would stand recalled.

No costs.

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