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2026 Supreme(Online)(Ker) 34523

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Appletree Chits India (P) Ltd. – Appellant
Versus
Shanavas P. S. – Respondent
CC No.1576/2023 | Co. Pet. No.2/2014



Advocates:
For the Appellants/Petitioners: S.Jasmine
For the Respondents: V.Madhusudhanan

The court maintains discretion in corporate liquidation proceedings to scale down interest rates and permit installment payments for debt recovery based on the merits of the respondent's submission.

Headnote:The matter concerns a claim initiated by an entity in liquidation under the Companies Act, 1956, seeking recovery of outstanding dues from the respondent. The dispute pertains to the principal debt and the applicable interest rate. The court finds that the respondent admits the liability and requests an installment facility with a reduction in the interest rate originally claimed by the official liquidator. The primary issue concerns the determination of the liability amount and the feasibility of a repayment schedule versus the interest rate claimed. The court determines that while the principal debt is valid, the interest rate should be scaled down. The ratio decidendi rests on the court's discretion to balance the recovery of debts for the company in liquidation with the debtor's capacity to pay, leading to a decree for the principal amount plus a reduced rate of interest and granting an installment payment schedule. The company claim is decreed for Rs.10,600 with 4% interest per annum from 29.05.2013, payable in two monthly installments.

Table of Content
1. initiation of recovery claim by liquidator. (Para 1)
2. parties argument regarding debt and repayment terms. (Para 2 , 3)
3. court grants decree with installment facility and reduced interest. (Para 4)

JUDGMENT

This company claim has been instituted seeking a decree against the respondent for a sum of Rs.10,600/- along with interest at the rate of 12% per annum from the date of default i.e., 29.05.2013 till the date of realisation.

2. Heard Smt.S.Jasmine, the learned Standing Counsel for the Official Liquidator, as well as Sri.V.Madhusudhanan, the learned counsel for the respondent.

3. Sri.Madhusudhanan, the learned counsel for the respondent, fairly points out that the respondent only requires an instalment facility (two instalments) for clearing the arrears. 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 4% per annum. The respondent is also granted two monthly instalments for clearing the arrears.

Accordingly, this company claim is decreed and an amount of Rs.10,600/- is realisable along with interest at the rate of 4% per annum on the principal debt amount from 29.05.2013 till the date of realisation.

The respondent would be entitled to clear the afore amount in two 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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