THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.392 of 2011 13th July, 2011 Between :- M/s.Mamatha Chit Fund (P) Ltd (In Prov.Liqn) Rep. By the Official Liquidator, High Court of Andhra Pradesh, Hyderabad .. Applicant And Ch.Pulla Rao and others .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.392 of 2011 ORDER:- This application has been taken out by the Official Liquidator representing M/s.Mamatha Chit Fund (P) Ltd (In Prov.Liqn) under Section 446(2)(b) of the Companies Act, 1956 read with Rules 9 and 11 (b) of the Companies Court Rules, 1959, seeking a decree against the respondents, jointly and severally, for a sum of Rs.4,970/- along with interest at 12% w.e.f. 16-9-2000 till the date of realisation. This Court by order dated 20-3-2002 made in Company Petition No.13/2002 appointed the Official Liquidator attached to this Court as Provisional Liquidator of M/s.Mamatha Chit Fund (P) Ltd. As per the available records of the Company (in Prov.Liqn.), the 1st respondent is a prized subscriber to T.No.11 of Chit Group No.ST21D valued at Rs.25,000/- for a period of 25 months @ Rs.1,000/- each per month and the said chit group commenced in the month of January, 1999. The 1st respondent received prize amount of Rs.15,550/- vide cheque Nos.521727 and 521728 dated 4-2-1999. Respondents No.2 and 3 stood as sureties to the respondent No.1 in respect of the said prized chit. The 1st respondent paid Rs.20,000/- i.e., 20 monthly instalments for the period from 4-2-1999 to 16-9-2000 which includes an amount of Rs.3,634.40 P.S., towards dividend. The 1st respondent committed default in payment of subsequent instalments. Thereby, he became due to the Company (in Prov.Liqn.) in a sum of Rs.5,210/-. The Official Liquidator issued notice dated 13-2-2003 to the 1st respondent calling upon him to pay Rs.5,210/- shown as due in the revised list of debtors forming part of statement of affairs. The notice sent to the 1st respondent returned unserved with postal remarks “Unclaimed, Returned to Sender”. The Official Liquidator issued reminder notice dated 22-1-2010 to respondents No.1 to 3. Notice sent to respondent No.2 came to be served whereas notices sent to respondents No.1 and 3 returned unserved with postal remarks “insufficient address, returned to sender” and “not claimed” respectively. Hence, this application. Notices to respondents came to be ordered on 15-4-2011. Notices sent to respondents No.1 and 3 returned unserved with an endorsement “addressee not claimed” and therefore notices to respondents No.1 and 3 deemed to have been served. Notice to respondent No.2 served. However, respondent No.2 neither appeared in person nor through a Counsel to resist the claim of the applicant. The affidavit of R.Ramakrishna Reddy in lieu of Chief Examination has been placed on record. The applicant filed 16 documents and marked them as Exs.A.1 to A.16. Heard the learned Counsel appearing for the applicant and perused the evidence of P.W.1 and Exs.A.1 to A.16. As per Ex.A.6-Prized Subscriber Bid Payment Final Statement, the 1st respondent received an amount of Rs.10,000/- and Rs.5,550/- by way of cheques bearing Nos.521727 and 521728 respectively on 4- 2-1999. As per Ex.A.8 – Certified True Copy of Ledger Folio in T.No.11 of Group No.ST21D, the 1st respondent paid 20 instalments. He committed default in paying the rest of the instalments. Respondents No.2 and 3 executed guarantee bond vide Ex.A.2. Despite notices to respondents, they neither liquidated the liability nor issued reply. The evidence of P.W.1 and Exs.A.1 to A.16 substantiate the claim of the applicant against respondents No.1 to 3. Accordingly, the application is allowed with costs granting a Decree in favour of the applicant and against respondents No.1 to 3, jointly and severally, for a sum of Rs.4,970/-, with interest @ 12% per annum w.e.f. 16-9-2000 till this day and @ 6% per annum from this day till the date of realization. _________________________ B.Seshasayana Reddy, J 13th July, 2011 smr