THE HON'BLE MR JUSTICE N.V. RAMANA Company Application No. 1620 of 2008 in Company Petition No.38 of 2005 O R D E R: 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 the applicant herein a sum of Rs.17,385.20 along with interest @ 12% p.a., from 24.04.2004 till the date of realization. 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 1st respondent was a prized subscriber in T. No.12 of Chit Group No.VCKL 2/5 and the value of the chit was Rs.50,000/- with a duration of 50 months with monthly subscription of Rs.1,000/-. The 1st respondent paid the chit subscription amount of Rs.32,614.80, for 32 months, including dividend and thereafter stopped paying the chit subscription amount. It is submitted that still he has to pay the balance subscription amount of Rs.17,385.20 for the remaining months. The last payment was made on 26.06.2003. In spite of issuance of notice, dated 23.06.2007, the 1st respondent failed to pay the balance amount due so far. Hence, this application. The notices sent to the respondents are served on them. However, on 21.10.2009, as there was no representation on their behalf, this Court directed the Official Liquidator to file affidavit in lieu of examination-in-chief, by printing the names of the respondents 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 respondents and there is no representation on their behalf. Hence, the respondents are 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-20, 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 is due a sum of Rs.17,385.20 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 respondents to pay the applicant jointly and severally a sum of Rs.17,385.20 with interest at 12% per annum from 24.04.2004 till the date of realization. No costs. _________________ N.V. RAMANA, J. 12th November, 2009 bcj