IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM l.A. Nos. 2 and 4 of 2019 ln c.A. NO. 402 0F 200s IN C.P.NO. 173 0F 2001 1. Sheikh Ameer, S/o Sri Sheik Hassan Sab, AGE 65 Years, Occ: Retired Employee Yedehalli, Anandapuram Sagar Taluk , Shimoga District , Karnataka 2. Nooruddin, S/o Sri Nasiroddin, Occ: Pvt. Employee, Yedehalli, Anandapuram Sagar Taluk, Shimoga District , Karnataka .. Petitioners /Respondents ( Petitioner No. 2 is not necessary party to this case ) And lt4/s Monarch Finlease Limited (ln of Andhra Pradesh , Hyderabad Liqn.), rep. By the official Liquidator, High Court .. Respondent / Petitioner Petition Under Rule 9 of C.P.C. praying that this Hon'ble Court may be pleased to Set aside the order dated 11.08.2005 in c.A.No.402 of 2005 in C.P.No.173 of 2OO1 by permitting us to pay only the / decretal amount of Rs.17,9901 . lA NO: 4 OF 2019 Between: Sheikh Ameer, S/o Sri Sheik Hassan Sab, AGE 65 Years, Occ: Retired Employee iiiOlr'r,"tti, Arindrpurr. Sagar Taluk , Shimoga District , Karnataka " Petitioner / Respondent No.1 And .1 . M/s Monarch Finlease Limited (ln Liqn.), rep. By the official Liquidator, High Court of Andhra Pradesh , Hyderabad .' Respondent /Applicant 2. Nooruddin, S/o Sri Nasiroddin, occ: Pvt' Employee, Yedehalli' Anandapuram. . - sidlirdiilr, SnimogiDistrtct, Karnataka .. Respondent /Respondent No.2 ( Respondent No. 2 is not necessary party to this case ) t.A. NO. 2 0F 2019 Between: 2 Petition under Order 47 Rule 1 r/w. Section 1 14 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to review the order dated 1 1-08-2005 passed in Company Application No 402 of 2005 in CP.No. 17312001 on the file of this Hon'ble High Court in the interest of lustice. Counsel for the Petitioners in both : M/s. G. SAMPADA Counsel for the Respondent No.1 in both : SRI J. SREENADH REDDY , OFFICIAL LIQUIDATOR The Court made the following: ORDER These Applications are filed to set aside / review the order dated 11-08-2005 passed in C.A. No. 402 ot 2005. Heard learned counsel for the petitioner and learned counsel for respondent No. 1. Considering the age of the petitioner and also considering the fact that there are no claims with respect to the Company in liquidation as on date , in the facts of the present case, the Applications are disposed of by modifying the conclusive portion of the order dated 11-08-2005 passed in C.A. No. 402 of 2005 as under: " Accordingly, this application is allowed and a decree is passed directing first respondent hereirr tb pay to the applicant a sum of Rs. 17,990/-, on or before 10-08-2021. ln the event of the first respondent not complying with the same, he shall pay the said amount with interest at 12 % per annum from 16-07-2001 till the date of realization." ,TRUE COPY' Sd/-IV.SANTHI VARDHANI JOINT REGISTRAR qt SECTION OFFICER To '1 . The Official Liquidator, M/s. Monarch Fin lease Limited (in Liqn.) Office at 1sl Floor, Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village, Hayathnagar l\rlandal, Ranga Reddy District Telangana State Pin Code-500 680. 2. The Registrar of Companies, Ministry of Corporate Affairs, Government of lndia, 2nd Floor, Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village, Hayathangar Mandal, Ranga Reddy Dist, Telangana State Pin Code-500 680. 3. The Regional Director, South Eastern Region, Ministry of Corporate Affairs, 3'd Floor, Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village, Hayathnagar Mandal, Ranga Reddy District, Telangana State Pin Code-500 680 4. The Section Officer, OS Section, High Court for the State of Telangana at Hyderabad. 5. One cc to Sri J.Sreenadh Reddy, Counsel for Official Liquidator, High Court for the State of Telangana at Hyderabad. 6. One cc to lvl/s. G.Sampada, Advocate (OPUC) 7. Two CD Copies. 8. One Spate Copy (Along with a cooy of the order dated 111A812005) Kj. *- HIGH COURT DATED:2310712021 ORDER l.A.Nos.2 and 4 of 2019 In COMPA.No.402 of 2005 IN C.P.NO. 173 0F 2001 Disposing of the application8. : .J o 0 7 AUG2021 1 rtE 5 r.i r€ d'' *i,z \ I / ,' Tt-t HONOL,ltAtlLE SRI JU CEN,V.RAM NA COM pnN LI ON 4 2 20 IN MPAN p r,r 3 01 QSQEI!: This application is filed under Section 446(t)(Z) of the Companies Act, 1956 read with Rules 9 & 11 (b) of the Companies (Court) Rules, 1959 by the Official Liquidator representinq the company in liquidation viz., M/s Monarch [:inlease Limited., seeking a direction to the respondents lointly and severally to pay to the applicant herein a surn of Rs.17,990/- along with interest @ 15o/o p.a., from 16-7-2001 till the date of realisation. 81, order datrd 12--02-2002 made in C.P.No.173 of 200L, this Court appointed the Official Liquidator as provisional Liquidator of the company in liquiclation and further directed to recover tlre imounts from various parties to whom the cornpany in liquidation had lent the money. As per the records of the company in liquidation, 1't respondent has obtainecl a loan of t(s.50,000/- for the hirc purcha:;e of "Bajaj Tempo Trax" and entered into an agreement agreeing to repay the arnount toqether with finance charges of Rs.7,4B0l- aggregating to t{s'57,480/- payable in 12 monthly instalnlents Gr Rs.4,790/- per month' The second respondent herein stood as guarantor for the same' As per the inforrnation contained in the leclger accounts and Lhe statement of account macle available by the Ex-Managing Director conlpany, the first respondent has paid an amount of Rs.38,320/- and also paid a further sum of Rs.1,170/- towards part payment of 9th instalment and has to pay i .)- a sunt of Rs.17,990/- for the remaining instalments to the company which includes an amount of Rs'3,620/- less paid during the earlier instalments and the last payment was made on 16,-2001' The 1't respondent has to pay an amount of Rs.17,990/- to the'company'r In spite of issuance of notice dated 30-10-2002, the respondents failed to pay the balance amount due so far. Hence, this application. Notice sent to first respondent served and acknowledgment card also received. Notice sent to second respondent returned unserved with endorsement "neither A.D.card nor return cover receiverl'. Learned Counsel for Official Liquidator sought permission to witlrdraw the claim made against the second respondent. permission accorded ancJ claim made against the second respondent is withdrawn. In spite of service neither first respondent appeared in person nor any r.presentation made in his behalf, Hence, first respondent is set ex-parte arul tlre matter is taken up for disposal ex-parte based or-r the mate'iar avairabre on record. Heard the learned counsel for the Official Liquidator. Today the Official Liquiclator filed affidavit in lieu of chief examination and documents which were marked as Exs.A-1 to A-11. A perusal of the salne would clearly reveal that the 1sr respondent has entercd into hi'c purchase agreement and obtainerr a roan for wrrich the second respondent stood as guarantor, and they have joirrUy executed hire purchase proposal form (Ex.A-2) and Hire purchase Altreement (Ex.A-3). The 1't respondent having paid a sum of Rs.39,490/- failed to pay the remaining amount of Rs.17,990/- and in spiie of issuing notice, the respondents did not pay the amount due. The above eviclence adduced "> / 0n behalf of the applicant stood unrebutted' Thus' the material produced on record would establish. that the respondents are liable to pay to the applicant a surn of t{s.17,990/- wilh interest at 12% per annum from 16-07-2001 till realization' Accordingly, this applicatil)n is allowr:d and a decree is passed directing first rcsllondent herein to pely to the applicant a sum of Rs.17,990/- witlr interest at lln/': per annum from 16-07-2001 till the datr: of realisation' I'lo costs' SD/., BI_I,SADASIVA SART/A .IOINT REGISTRAR IiltrRUl-coPY ll SECTION OFFICER To l.TheofficialLiqui(tator,M/s.MonarchFinleaseLinrited(lnprov, Liqn.) High court of A.P. Hyderabad' z. ifre negistrar of Cornpanies, 3-5-398' C P W:D . Building' - X""oi'VZ Sa<ian, Syultan Bazar, Koti' Hyderabad ^ : itl" Oif,ciuf Liquiditor, Kendriya Sadan' 3-5-398' C'P W D Building, Sultarr Bazar, Koti, Hyderabad' 4. 6;C;[the Section Of{icer,'O'S Section' High Court of A P' Hvderabad 5 it;"R;;ial [)irector, Companv Law boar<l' Southern Region' Chennai. 6. 2. CD coPies. Ty MK c.b \r{ 1 LL" 6