THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.319 of 2009 In Company Application No.2276 of 2004 in Company Petition No.13 of 2002 Dated:11th March, 2010 Between: B.Shyam Sunder …Applicant/respondent and M/s.Mamatha Chit Funds (P) Ltd. (In Prov. Liquidation), rep. by the Official Liquidator, High Court of A.P., Hyderabad. …Respondent **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.319 of 2009 In Company Application No.2276 of 2004 in Company Petition No.13 of 2002 ORDER: This is an application filed by the respondent in Company Application No.2276 of 2004 to accept Rs.68,000/- towards full satisfaction of the decree dated 24.01.2005. 2. The applicant suffered a decree in Company Application No.2276 of 2004. He filed C.A.No.1251 of 2005 to condone the delay of 160 days in filing the application to set aside the ex parte decree dated 24.01.2005 passed in C.A.No.2276 of 2004. He also filed C.A.(SR) No.5998 of 2005 to stay or suspend the operation/execution of the said ex parte decree and C.A.(SR) No.5999 of 2005 to set aside the ex parte decree. All the above three applications ended in dismissal. He carried the matter in appeal being O.S.A.No.15 of 2006. The appeal also ended in dismissal and thereby the decree passed in Company Application No.2276 of 2004 attained finality. The Official Liquidator, on behalf of M/s. Mamatha Chit Funds Pvt. Ltd. (in provisional liquidation)/Decree Holder filed E.P.No.360 of 2005 in C.A.No.2276 of 2004 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad, for realization of the decretal amount. The applicant/JDr filed this application seeking to accept Rs.68,000/- towards full satisfaction of the decretal amount, waiving the interest. 3. The Official Liquidator filed his report vide O.L.R.No.57 of 2010. It is stated in the report that the applicant/JDr made payments on various dates totaling to Rs.68,000/-. The payments made by the applicant/JDr have been detailed in the report, which reads as hereunder: Receipt No. Date Amount paid (Rs.) 2946 23.07.2007 15,000-00 3088 13.09.2007 10,000-00 3216 26.10.2007 10,000-00 3396 31.12.2007 10,000-00 3668 26.03.2008 10,000-00 4464 07.11.2008 11,000-00 5039 13.04.2009 2,000-00 Total 68,000-00 As on this day, the applicant/JDr paid Rs.68,000/- against the claim of Rs.1,05,517/- (E.P. amount). The instant application has been filed by the applicant/JDr to waive the interest and record full satisfaction of the decree passed in C.A.No.2276 of 2004. 4. Heard learned counsel appearing for the applicant/JDr. and learned counsel appearing for the Official Liquidator. 5. Learned counsel appearing for the applicant/JDr submits that prior to filing of Company Application No.2276 of 2004, the applicant made payments to an extent of Rs.70,000/- on 23.09.2000, but the said payments were not given due credit while passing the decree since the same were not reflected in the accounts of M/s.Mamatha Chit Funds Pvt. Ltd. (in provisional liquidation)/Decree Holder. Learned counsel also submits that in similar circumstances, this Court waived the interest portion vide the Order dated 09.03.2007 passed in C.A.No.318 of 2007 in C.A.No.2497 of 2004 in C.P.No.13 of 2002. Photostat copy of the order has been placed on record. 6. The applicant/JDr placed on record the Photostat copy of the receipt issued by the Manager of M/s.Mamatha Chit Funds Pvt. Ltd. (in provisional liquidation)/Decree Holder. The same contention has been advanced by the applicant/JDr in C.A.No.1251 of 2005 and the said contention was negatived. For better appreciation, I may refer relevant portion of the order passed in C.A.No.1251 of 2005, which reads as hereunder: “Now, it is only after more than a year, the applicant has come up with the present applications when E.Ps. are filed by the Official Liquidator seeking to reover the decretal amount. There is absolutely no bona fides in the explanation, apart from the fact that though the applicant claimed that he has paid the entire amount to the Managing Director of the Company and the Managing Director made an endorsement to that effect, but however, when compared to the entries made in the ledgers, it is stated that the last payment was made only on 29.09.1999, and thereafter there were no payments. This clearly shows that the entries are made only for the purpose of the present applications. In fact, had the applicant paid all the installments that were due under the various chits, he ought to have responded to the Official Liquidator’s notice or at least when the notices were issued by this Court.” 7. Having considered the facts and circumstances of the case, since the applicant/JDr paid Rs.68,000/- as on this day, pursuant to the decree granted in C.A.No.2276 of 2004, he is directed to pay a further sum of Rs.10,000/- (Rupees Ten Thousand only) towards full satisfaction of the decree dated 24.01.2005, within a month from today, failing which the decree holder is entitled to recover the entire decretal amount granted in C.A.No.2276 of 2004. The rest of the amount is waived. 8. Accordingly, the Company Application is disposed of. ______________________ B.SESHASAYANA REDDY, J. Date:11th March, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.319 of 2009 In Company Application No.2276 of 2004 in Company Petition No.13 of 2002 Dated:11th March, 2010