IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11/03/2011 CORAM THE HON'BLE MR. JUSTICE VINOD K.SHARMA Comp.A.No.1379 of 2010 in C.P.No.128 of 2004 ORDER This claim application has been moved under Sections 446(2) and 460(4) of the Companies Act, 1956 r/w Rules 9, 11(b) of Companies (Court) Rules 1959, for recovery of Rs.5,933/- (Rupees Five Thousand Nine Hundred Thirty Three only) along with interest @ 18% from the date of winding up of order i.e. 01.04.2005 till the date of entire settlement. 2. In Company Petition No.128 of 2004, vide order dated 01.04.2005, an Official Liquidator, attached to this Court, was appointed as the Liquidator of the company i.e. M/s.Associated Business Credits Limited (hereinafter referred to as the 'Company'). 3. According to the Hire Purchase Ledger Statement, maintained by the company, the respondent was shown as a debtor for a sum of Rs.5,932.65 (rounded off Rs.5,933/-). A demand notice was issued to the respondent no.1, calling upon him to pay the amount along with interest, which was returned as 'unclaimed'. A letter was also issued to respondent no.2, "The Guarantor", which was duly acknowledged. Respondent no.2 furnished address of the respondent no.1 stating that respondent no.1 was ready to remit the balance amount. Thereafter, second demand notice was issued to respondent no.1 at the address furnished by respondent no.2, which was again returned as 'unclaimed'. Thereafter, a letter was addressed by respondent no.1, stating that a sum of Rs.3,000/- was payable, but, it was time barred. The Official Liquidator filed this application for recovery of the amount due as per Hire Purchase Ledger. 4. In spite of service of notice, nobody has put in appearance on behalf of the respondents. The respondents are ordered to be proceeded ex-parte. The averments, made in the application would go uncontroverted, the reading of the statement of affairs filed by the Liquidator shows that the amount claimed is due and payable. 5. Consequently, this application is allowed and a decree of a sum of Rs.5,933/- (Rupees Five Thousand Nine Hundred Thirty Three only) along with interest @ 9% from the date of winding up till the date of passing order with future interest @ 6% till realisation is passed in favour of the Official Liquidator against respondent jointly and severally. No costs. ar