THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1588 of 2008 In Company Petition No.13 of 2002 (Dated : 11-03-2010) Between: M/s.Mamatha Chit Fund (P) Limited, Rep. By the Official Liquidator, High Court of A.P., Hyderabad. …Applicant A n d Sri Poleboyina Nagender S/o Sri P.Boosaiah And others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1588 of 2008 In Company Petition No.13 of 2002 ORDER: This is an application filed by the Official Liquidator representing M/s.Mamatha Chit Fund (P) Limited (in provisional liquidation) claiming Rs.12,000/- along with interest at 12% per annum from 08.07.1999 till date of realization from respondents 1 to 4 jointly and severally together with costs. 2. The Official Liquidator attached to this Court came to be appointed as the liquidator of M/s.Mamatha Chit Fund (P) Limited (in Provisional liquidation), by an order dated 20-03-2002 made in Company Petition No.13 of 2002. The Official Liquidator verified the records of the Company (in provisional liquidation) and found that the 1st respondent was the prized subscriber to Ticket No.5 of Chit Group No.ST10F valued at Rs.1,00,000/-. As per the books of the company (in liquidation) an amount of Rs.12,000/- was due from the respondents. Respondents 2 to 4 herein stood as guarantors for the chit subscribed by the 1st respondent. Therefore, respondents 1 to 4 are liable to pay Rs.12,000/-. A notice dated 16.6.2003 was issued to the 1st respondent calling upon him to pay the amount due under the chit. The notice was returned un-served with a postal endorsement “Intimation Served Addressee not claimed, returned to sender”. Hence, this application with the relief stated supra. 3. Notice to the respondents came to be issued on 19.01.2003. Respondents 1 and 2 received the notices, but they did not choose to enter appearance either in person or through a counsel. The claim against respondents 3 and 4 has been given up by the Official Liquidator on 16.3.2009. 4. On behalf of the applicant, Pw-1 was examined and 17 documents were marked as Exs.A-1 to A-17. 5. Heard learned counsel appearing for the Official liquidator representing the applicant company (in provisional liquidation) and perused the evidence of Pw-1 and the documents which have been marked as Exs.A-1 to A-17. 6. The Official Liquidator also filed a report bearing OLR No.262 of 2009 and the report has an enclosure of the letter addressed to the Official Liquidator by the counsel appearing for the 1st respondent. The report of the Official Liquidator indicates that the 1st respondent paid an amount of Rs.6,000/- towards part of the liability on 17.7.2009 and obtained receipt No.5362 dated 16.7.2009. The evidence of Pw-1 together with the documents placed on record substantiate the claim against respondents 1 and 2. Since the 1st respondent paid an amount of Rs.6,000/- out of Rs.12,000/- the amount due from him is only Rs.6,000/-. 7. Accordingly, the Company Application is allowed and there shall be a decree against respondents 1 and 2 jointly and severally to the extent of Rs.6,000/- with interest at 12% per annum from 8.7.1999 till the date of decree and thereafter at 6% per annum till the date of realization with costs. 8. Accordingly, the Company Application is allowed. _____________________ B.SESHASAYANA REDDY, J Dt.11-03-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.1588 of 2008 In Company Petition No.13 of 2002 (Dated : 11-03-2010)