THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.773 of 2010 Date:21st April, 2011 Between: M/s. Sri D.S.M. Chit Fund (P) Ltd. (in liquidation) Rep. by the Official Liquidator, High Court of A.P., Hyderabad. …Applicant and Sri P.Sanjeev Kumar, H.No.3-133/15, Barket Complex, beside CTO Office, Balanagar, Hyderabad. …Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.773 of 2010 ORDER: This company application has been taken out by the Official Liquidator representing M/s.Sri D.S.M. Chit Fund (P) Ltd. (in liquidation) under Section 446(2) 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.80,000/- with interest @ 12% p.a. w.e.f. 01.04.2008 till the date of realisation. 2. By order, dated 15.10.2008, passed in Company Petition No.25 of 2008 M/s.Sri D.S.M. Chit Fund (P) Ltd. was directed to be wound-up and the Official Liquidator attached to this Court was appointed as liquidator of the company (in liquidation). The ex-directors of the Company (in liquidation) furnished the statement of affairs to the Official Liquidator. As per the chit ledger record of the company (in liquidation), the respondent became the prized subscriber to T.No.08 of Group MT 7B. The respondent paid Rs.2,20,000/- towards the chit amount. An amount of Rs.80,000/- is to be recovered from the respondent. Hence, this Company Application. 3. Notice to the respondent came to be ordered on 05.10.2010. Notice sent to the respondent returned unserved with an endorsement ‘not claimed’. In view of the said endorsement, it is deemed that the service has been effected on the respondent. 4. The applicant filed affidavit of G.Srinivasa Rao in lieu of chief- examination and produced 22 documents, which have been marked as Exs.A1 to A22. Ex.A1 is the certified true copy of the application for enrolment as subscriber to T.No.MT-7B-08 signed by the respondent herein. Ex.A8 is the certified copy of the chit ledger folio in Chit No.08, Group No.MT 7B. As per the entries in the chit ledger, the respondent paid Rs.2,20,000/-. He has to pay a balance of Rs.80,000/-. The evidence of PW.1 and Exs.A1 to A22 amply proved the claim of the applicant against the respondent. 5. Accordingly, the Company Application is allowed granting a decree in favour of the applicant and against the respondent for a sum of Rs.80,000/- with interest at the rate of 12% p.a. w.e.f. 01.04.2008 till the date of realisation. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Date:21st April, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.773 of 2010 Date :21st April, 2011