THE HON'BLE MR JUSTICE N.V. RAMANA Company Application No.1600 of 2008 in Company Petition No.13 of 2002 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 Mamatha Chit Fund (Pvt.) Ltd., seeking a direction to the respondents jointly and severally to pay to the applicant herein a sum of Rs.8,000/- along with interest @ 12% p.a., from 28.07.1999 till the date of realisation. By order dated 20.03.2002 made in C.P.No.13 of 2002, 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 first respondent was a prized subscriber in T. No.14 of Chit Group No.LP12F and the value of the said chit was Rs.50,000/- with a duration of 50 months with monthly subscription of Rs.1,000/-. Respondent Nos.2 to 4 stood as sureties to the first respondent. The first respondent paid the chit subscription amount of Rs.42,000/-, for 42 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.8,000/- for the remaining 08 months. The last payment was made on 28.07.1999. In spite of issuance of notice, dated 25.02.2003, the respondents failed to pay the balance amount due so far. Hence, this application. The notices sent to respondent Nos.2, 3 and 4 returned served. As the notice sent to the first respondent could not be served, by order dated 02.04.2009, the Official Liquidator was permitted to take out notices on the first respondent by substituted service by publication of notice in “Vaartha, Telugu Daily, having circulation at Hyderabad and Secunderabad. The learned counsel for Official Liquidator filed proof of publication of notice on the first respondent. In spite of service of notice, when the matter is taken up for consideration today, none appeared for the respondents. Hence, they 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-19, 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.8,000/- 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 respondent Nos.1 to 4 herein to pay to the applicant jointly and severally a sum of Rs.8,000/- with interest at 12% per annum from 28.07.1999 till the date of realisation. No costs. ___________________ N.V. RAMANA, J. Date:21.10.2009 VGB