NATIONAL COMPANY LAW TRIBUNAL
Smt. Madhu Sinha, Hon’ble Member (Judicial), Shri. Vinay Goel, Hon’ble Member (Technical)
M/s. Trivandrum International Health Services Ltd & Another – Appellant
Versus
Raju Palanilkkunnathil Kesavan – Respondent
| Table of Content |
|---|
| 1. application filed by auction purchaser for interest refund. (Para 1 , 2 , 3) |
| 2. liquidator's defense against interest claim. (Para 4 , 5) |
| 3. applicant's arguments regarding emd interest. (Para 6 , 7 , 8) |
| 4. court's observations on auction process and obligations. (Para 9 , 10 , 11) |
| 5. court's ruling on interest regulations. (Para 12 , 13 , 14) |
| 6. final decision on the application. (Para 17 , 18 , 19 , 20) |
ORDER
Per Coram:
1. This is an application filed by the Successful Auction Purchaser of M/s Royal SUT Hospital sold in the liquidation process of Corporate Debtor, M/s Trivandrum International Health Services Limited with the following reliefs: -
(i) May be pleased to direct the respondents to repay the interest amount remitted by the applicant on the balance sale consideration, which is Rs. 51,40,149/- with interest upon the same at 12%, to the applicant, as expeditiously as possible, within a time frame fixed by this Tribunal.
(ii) May be pleased to direct the respondents to pay interest to the applicant on the original EMD amount furnished by the applicant, for the period from August 2023 to December 2023, amounting to Rs.14,47,650 (Rupees Fourteen lakh Forty-Seven Tho
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