THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.212 of 2011 Date:03rd August, 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 1. Sri Abdul Khadeer & Ors. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.212 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 respondents jointly and severally for a sum of Rs.8,000/- with interest @ 12% p.a. w.e.f. 20.07.2000 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). As per the records of the Company (in provisional liquidation), the 1st respondent joined in the chit group No.LP19E with ticket No.2 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 1s t respondent became the prized subscriber in the auction held on 16.01.2000 and received an amount of Rs.33,022/- against the bid amount of Rs.33,900/- vide cheque bearing No.791505, dated 26.02.2000. He paid 42 instalments and committed default in payment of the last eight instalments. The respondents 2 to 4 stood as sureties to the 1st respondent in respect of the prized chit amount. The Official Liquidator issued a notice, dated 24.03.2003, calling upon the 1st respondent to pay an amount of Rs.9,240/- shown as due in the list of debtors forming part of statement of affairs. The notice returned unserved with an endorsement ‘unclaimed R/Sender’. The Official Liquidator issued a remainder notice, dated 22.01.2010, to the respondents 1 to 4. Notice sent to the 2nd respondent has been served and the notice sent to the respondents 1, 3 and 4 returned un- served with postal remarks “Abs. N/s. unclaimed” ”N/S, Not claimed” & “N/s. Unclaimed” respectively. Hence, this Company Application by the Official Liquidator seeking a decree against the respondents as stated supra. 3. Notice to the respondents came to be ordered on 21.03.2011. Notice sent to the 3rd respondent returned unserved with an endorsement ‘addressee not claimed’. In view of the said endorsement, notice sent to the 3rd respondent is deemed to have been served. Notices sent to the respondents 1, 2 and 4 returned unserved. The applicant Company filed Company Application No.752 of 2011 seeking service of notice to the respondents 1, 2 and 4 by way of publication. The said application came to be ordered, on 13.07.2011, and accordingly, the applicant Company took out notice to the respondents 1, 2 and 4 by way of publication in “Andhra Bhoomi” (Telugu daily) newspaper and filed proof of publication. Despite service being effected by way of publication, the respondents 1, 2 and 4 failed to appear before this Court to resist the application. 4. The applicant filed affidavit of Mr.R.Ramakrishna Reddy, in lieu of chief-examination, and produced 21 documents, which have been marked as Exs.A1 to A21. 5. Heard learned counsel appearing for the Official Liquidator and perused the affidavit of Mr.R.Ramakrishna Reddy and Exs.A1 to A21. 6. As per Ex.A5 certified true copy of the prized subscriber bid payment final statement, the 1st respondent received an amount of Rs.33,022/- by way of cheque bearing no.791505 against the bid amount of Rs.33,900/-. He paid 42 instalments and committed default in payment of 8 instalments. The respondents 2 to 4 stood as sureties to the first respondent in respect of the prized chit. Despite notice issued by the Official Liquidator, the respondents failed to pay the amount due to the applicant Company (in provisional liquidation). The evidence of PW.1 and the documents placed on record, which have been marked as Exs.A1 to A21, substantiated the claim of the applicant Company against the respondents 1 to 4. 7. Accordingly, the Company Application is allowed with costs granting a decree in favour of the applicant Company and against the respondents 1 to 4 jointly and severally for a sum of Rs.8,000/- with interest @ 12% p.a. w.e.f. 20.07.2000 to this day and at the rate of 6% p.a. from this day to the date of realisation. _____________________ B.SESHASAYANA REDDY, J Date:03rd August, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.212 of 2011 Date :03rd August, 2011