THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.173 of 2011 Date:07th June, 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 Smt.T.Prasanna Lakshmi, W/o.Rajeshwar Rao, Plot No.17,Sri Shakthi Nagar, Diamond Colony, Karmanghat, Hyderabad. …Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.173 of 2011 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.4,000/- with interest @ 12% p.a. w.e.f. 16.06.2000 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). The respondent joined in the chit group No.LP16E with ticket No.47 conducted by the Company (in provisional liquidation). The value of the chit is Rs.50,000/- with a duration of 50 months at the rate of Rs.1,000/- per month each. The said chit group commenced on 29.09.1996 and was to be terminated on 04.10.2000. The respondent became the successful bidder for a sum of Rs.38,280/- in the auction held on 27.06.1999. She received Rs.37,630/- i.e. Rs.29,350/- vide cheque No.849605, dt.01.08.1997 + Rs.7,630/- vide cheque No.28526, dated 16.08.1999, after deducting a sum of Rs.650/- towards arrears of subscription dues in respect of prized chit vide receipt No.30564, dt.24.07.1997. The respondent acknowledged the receipt of prized money by endorsing her signature on the prized subscriber Bid Payment Final Statement. As per the chit ledger, the respondent has to pay Rs.4,000/- towards the chit amount. The Official Liquidator issued a notice to the respondent on 28.02.2003 calling upon her to pay the amount due under the chit. Though the respondent received notice, she neither paid the amount nor issued reply. Hence, this Company Application. 3. Notice to the respondent came to be ordered on 04.03.2011. The Official Liquidator took out notice to the respondent by registered post with acknowledgment due. Notice sent to the respondent returned unserved with an endorsement ‘unclaimed’. Proof of service has been filed by the applicant. In view of the said endorsement, it is deemed that the service has been effected on the respondent. 4. The applicant filed affidavit of Mr.R.Ramakrishna Reddy, in lieu of chief-examination, and produced 13 documents, which have been marked as Exs.A1 to A13. 5. Heard learned counsel appearing for the Official Liquidator and perused the affidavit of Mr.R.Ramakrishna Reddy and Exs.A1 to A13. 6. As per Ex.A1 agreement of chit, dated 17.10.1996, the respondent became the member of the chit with T.No.47 of Chit Group No.LP16E for Rs.50,000/- Ex.A8 is the Photostat copy of the chit ledger. As per the entries in the chit ledger, the respondent has to pay a sum of Rs.4,000/-. A notice, dated 28.02.2003, came to be issued to the respondent calling upon her to pay the amount due under the chit. Ex.A12 is the office copy of the said notice. The documents placed on record and the evidence of PW.1 substantiate the claim of the applicant against the respondent. 7. Accordingly, the Company Application is allowed with costs granting a decree in favour of the applicant and against the respondent for a sum of Rs.4.000/- with interest at the rate of 12% p.a. w.e.f. 16.06.2000 to this day and at the rate of 6% p.a. from this day to the date of realisation. _____________________ B.SESHASAYANA REDDY, J Date:07th June, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.173 of 2011 Date :07th June, 2011