THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.394 of 2011 in Company Petition No.13 of 2002 Date:19th August, 2011 Between: M/s. Mamatha Chit Fund (P) Ltd. (in provisional liquidation) Rep. by the Official Liquidator, High Court of A.P., Hyderabad. …Applicant and Sri M.A.Rawoof Khan, H.No.18-8-684/3, Edi Bazar, Hyderabad. …Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.394 of 2011 in Company Petition No.13 of 2002 ORDER: This Company Application has been taken out by the Official Liquidator representing M/s.Mamatha Chit Fund (P) Ltd. (in provisional liquidation) under Section 446(2)(b) of the Companies Act, 1956 r/w. Rules 9 and 11(b) of the Companies (Court) Rules, 1959, seeking a decree against the respondent for a sum of Rs.10,000/- with interest @ 12% p.a. w.e.f. 12.05.2000 till the date of realisation. 2. By order, dated 20.03.2002, passed in Company Petition No.13 of 2002, the Official Liquidator attached to this Court was appointed as provisional liquidator of M/s.Mamatha Chit Fund (P) Ltd. (in provisional liquidation). As per the records of the Company (in provisional liquidation), the respondent joined in the chit group No.ST1G with ticket No.12 conducted by the Company (in provisional liquidation). The value of the chit is Rs.2,00,000/- with a duration of 20 months at the rate of Rs.10,000/- per month each. The respondent became the prized subscriber and received an amount of Rs.1,75,000/- by way of cheque bearing No.791380, dated 25.01.2000. The respondent paid 19 instalments and he committed default in paying the last instalment. The Official Liquidator issued a notice, dated 20.02.2003, calling upon the respondent to pay an amount of Rs.15,395/- shown as due in the revised list of debtors forming part of statement of affairs. The Official Liquidator issued a remainder notice, dated 12.01.2010, to the respondent. Hence, this Company Application by the Official Liquidator seeking a decree against the respondent as stated supra. 3. Notice to the respondent came to be ordered on 15.04.2011. 4. The respondent entered appearance through a counsel and filed counter-affidavit disputing the claim of the applicant Company. 5. The applicant Company filed affidavit of Mr.R.Ramakrishna Reddy, in lieu of chief-examination, and produced 14 documents, which have been marked as Exs.A1 to A14 on 15.07.2011. The respondent sought for adjournment for cross-examination of PW.1. On 05.08.2011 there was no representation on behalf of the respondent and therefore, the matter was directed to be listed on 12.08.2011, on which date, neither the respondent nor his counsel appeared before the Court. Therefore, the matter was directed to be listed to this day. Even on this day also neither the respondent nor his counsel present before the Court. The respondent called absent and hence, he is set ex parte. 6. Heard learned counsel appearing for the Official Liquidator and perused the affidavit of Mr.R.Ramakrishna Reddy and Exs.A1 to A14. 7. PW.1 is the Company Paid Assistant in the office of the Official Liquidator. Along with his affidavit in lieu of chief-examination, 14 documents have been filed and they are marked as Exs.A1 to A14. Ex.A3 is the Prized Subscriber Bid Payment Final Statement. As per Ex.A3, the respondent received an amount of Rs.1,75,000/- by way of cheque bearing No.791380, dated 25.01.2000. Ex.A8 is the certified true copy of the Chit Ledger Folio in T.No.12 of Chit Group No.ST1G. As per the entries therein, the respondent paid 19 instalments. He committed default in paying the last instalment. The evidence of PW.1 and the documents placed on record, which have been marked as Exs.A1 to A14, substantiated the claim of the applicant Company against the respondent. 8. Accordingly, the Company Application is allowed with costs granting a decree in favour of the applicant Company and against the respondent for a sum of Rs.10,000/- with interest @ 12% p.a. w.e.f. 12.05.2000 to this day and at the rate of 6% p.a. from this day to the date of realisation. _____________________ B.SESHASAYANA REDDY, J Date:19th August, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.394 of 2011 in Company Petition No.13 of 2002 Date:19th \=]August, 2011