ORDER
1. None present for the respondents despite service of the notices. It is not in dispute that the respondent Nos. 2 & 3 are guarantors. They have not been served. The company application as regards to these respondents is consigned to record with liberty to official liquidator to apply for revival thereof, in case the amount of loan is not recovered from the respondent No. 1.
2. Heard learned counsel for the applicant, perused the memo of application. This application has been filed by the Official Liquidator of M/s. Amfort Agro Finance Ltd. (In liquidation) under Sections 446 and 477 of the Companies Act, 1956 and prayer has been made therein to summon respondent and to examine him under Section 477 of the Act aforesaid on oath in order to fix up the liability with regard to the amount of Rs. 10,518 as on 27-9-1999 plus further interest at the rate of 9% per annum. In the alternate the prayer has been made for decree of the amount aforesaid.
3. The respondent despite service has not put appearance. The averments made in the application stands uncontroverted, therefore, the second prayer made in the application deserves to be granted.
4. Accordingly, the application succeeds and the same is allowed. The decree for Rs. 10,518 is passed against the respondent. On principal amount Rs. 7,000 the pendente lite and future interest shall be payable at the rate of 996 from 27-9-1999. As none appeared on behalf of respondents, no order as to costs.