THE HON'BLE MR JUSTICE N.V. RAMANA Company Application No.1589 of 2008 in Company Petition No.38 of 2005 ORDER: This application is filed under Section 446(2)(b) of the Companies Act, 1956 read with Rules 9 and 11 (b) of the Companies (Court) Rules, 1959 by the Official Liquidator representing the company in liquidation viz., M/s.Visveswar Finance & Chit Funds (Pvt.) Ltd., seeking a direction to the respondents jointly and severally to pay to the applicant herein a sum of Rs.2,500/- along with interest @ 12% p.a., from 16.04.2004 till the date of realisation. By order dated 15.11.2005 made in C.P.No.38 of 2005, this Court appointed the Official Liquidator as provisional Liquidator of the company in liquidation and further directed to recover the amounts from various parties to whom the company in liquidation had lent the money. As per the information in the statement of affairs of the company in liquidation, the respondent was a prized subscriber in T. No.50 of Chit Group No.VCKL 2/2 and the value of the said chit was Rs.50,000/- with a duration of 50 months with monthly subscription of Rs.1,000/-. The respondent paid the chit subscription amount of Rs.47,500/-, for 47 months, including dividend and thereafter he stopped paying the chit subscription amount. It is submitted that still he has to pay the balance subscription amount of Rs.2,500/- for the remaining months. The last payment was made on 16.04.2004. In spite of issuance of notice, dated 18.06.2007, the respondent failed to pay the balance amount due so far. Hence, this application. The notice sent to the respondent returned served. However, as there was no representation on his behalf, on 02.03.2009 this Court directed the matter to be posted on 13.03.2009 for filing affidavit in lieu of examination-in-chief, by printing the name of the respondent in the cause list. Accordingly, the Official Liquidator filed affidavit in lieu of examination-in-chief. When the matter is taken up today for consideration, none appears for the respondent and there is no representation on his behalf. Hence, he is set ex parte and the matter is taken up for disposal ex parte based on the material available on record. The learned counsel for the Official Liquidator filed affidavit in lieu of chief-examination of P.W.1 along with Exs.A-1 to A-11, documents. A perusal of the evidence of P.W.1 and the documents filed in support of the claim would clearly reveal that the first respondent was due a sum of Rs.2,500/- to the applicant, but failed to pay the same. The above evidence produced on behalf of the applicant stood unchallenged. Thus, the claim made in the application stood proved and consequently the application is liable to be allowed as prayed for. Accordingly, this application is allowed and a decree is passed directing the respondent to pay to the applicant jointly and severally a sum of Rs.2,500/- with interest at 12% per annum from 16.04.2004 till the date of realisation. No costs. ___________________ N.V. RAMANA, J. Date:21.10.2009 VGB