pu-
THE HON'BLE MR;kJ:1s'r1 cm:k[ 1'-¥.;I_l'1" J %
<:.A. No%%i2;2u1sf 2004 1 %
1 THE' -DFF!G_EAL4.LIQUII)AT0R. or-' M/B. BREE 0.L'I'D
AY:{:~.P?A F{:.z~.?Bs PW LHviI'I"ED {ire LION}
ATrAcHED.T0 'HIGH ~-COURT OF KARNATAKA
D ANE}_.,F'_'WiNG,"4TH FLOOR
1vv1.KENDRIYjASADAN"
r3Ar4QALo1<E 34-._
APPLICA'tfl'.
% _ (B j§r em TI.")l§;EPAVK;''AADV. ;
X Mm. RUGKMAN1
. Ho 0 435, 01.4.3 TOWN gm?
"VIMANAPURA (POST)
I:3A1"fi}tu;u" "RE 17'
2 Mr. GKRISI-INA
GRE ASSISTAHT SUPER'./ISQR
CHANDRAPPA BUILDING,
NO *2 Ivi:'h'%fxTI-it's}-I:'xLLI
BANGALORE 37
I0
3 Mr. ISSAR msrm
N0 102 3RD ozems R31'. "mm
BANGALORE
4 Mrs. s JAYANTHI
No 102 am) oxoss
NAGAR
BANGALORE
. . ,,.;. R£:sPom_3I;:N'rg.
This Company Application. 'is; under Section
446(2}(h) of t}1c.,__Comj)éI1ié;:5 Rot, 195.f5'and read with Rule 9
of the Companies {Comfy "R_t1les,....1«959 that this
Court bc to _o1_§dc,r to p-a._v to the applicant a sum of
Rs.29,443,' ' c.-;:r:-actual rate of irittifist @36%
per 4* :;,Amon.th_1y compommcd from 3.7.2001 to
13.34.2002" 'up Order date) on the principle of
Rs.23,0~00_l- d
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P
I'
:-
I
This ._c rm-.;-a~; on f'1'- heath' u d ' '
mfzdc the fol1owingf'
v'I'f:.iii-.sé,'V.étv1V1-plicatfion is filed under section 446 (2) (b) of
t11e~.C(:nipan_ic:3 Act, 1955, R111- 9 -1' me Compmides
_{Court) Ri.i1's, 19=9. company iiquidation i.c., ivi/'s sree
Ayyappa Chit Funds Private Limited, was ordered to be
wound up by an order of this court on 13.3.2002 passed in
Company Petition No. 74/2001 65 149 to 156/2001. The
& 7
......... A . 1...... .. .'..'.1a.....'...t.'.i_1..'...-.-
_ 'r:.._-:.:|-4..__ -1.' 4.1.... .. .... ...- .....4. 4... , .
3 1.41 lJ..lul1!.Ul U1 USU L p ly _|_-J11-lialuuflllla LU' LI-
under section 449 of the Act; " .-- ii: =
2 The first respondent _ 2 woe
C-…it ronn 96 A. -8 twin
u… ‘pr .. – – ..–.–. q—
n Rants 1 – Fain _”
we chit was Rs. 5u,mJ\;.r;-;.___;;1¥:vicfi_
highest bid¢1e1?::”o.1:_ group No. AA-8
having on 18.11.1993 and
on 20.12.1993. The
ad 4. who are
d _ i’esponr_ie_.ts 2, -3
sureI’:ies,’11;a.<iv executed… -7a promissory note for Rs. 46,2561'-
onj'i2Q_._f12.v_19S§S"'inihvour of the company promising to pay
interest at themte of 3% per month.
3. ‘~ Aimr the wmpzany was wound up and at-er loomng
the records, it was found that the respondent.
V ijointly and severally are liable to pay a sum of Rs. 33,391]-
to the company. Notice was issued to the respondents on
4.6.2003 callm upon them to pay the amount of Rs.
,Wi….,
/2’.
-aipplicant would clearly dieeleee t!I_n:.t the
db
22,500/- due by them to the company as
submitted by the Ex–Directoers. It is to
Ex-Directors submitted the ‘ §.;_e’:~ Z
ICUUIJUI ‘ fi’
._{8.l«ll\J
‘Fit
tjie re1.ri.sied st.-:.te.r.I.r-.ent the oi*.giieaI’– _ ‘i”i””
._?_#_.ha”
23,000;-. Copies of the msiages siiiee
the respondents did ‘jjiigt and make
payment, the present
{.0
V. was issued to the
served and unrepresented
and dated 20.12.2007 the
respondeuts ex parte. %
Liqiiidatier
….;e.v has one
as PW. 1, working as Assistant in the oiiiee
of the eiiieiai Liquidator. An amdavit by way of evidence is
filed. A perusal of the evidence adduced by the
1!-‘_gw%nn-I ant
pi’: III! A litll-Ixluila
‘v’v’
i
Cierk arid Typist in the Purchase
I”Jepartment. She was a member of Chit Group No. M-%
‘X
f
3
?”l
‘R
and was the highest bidder at the on
18.11.1993 Ofthc Chit Group AA-8
Surety and Security is
Respondent, .2 L. 4 s.ic.n.g ..,i.’i
an m derm-*’d prfimissoiji
Exs. P.3 and 9.4 issued and
signed by the to pay the
assured suiizi menus. E.-i.P.5 is a
receipt and iv to
4 Ex.P.6 is the bred: up
ipaymurlt which is also signed by
the iiist “Ex.p.a is the appiicstion form for
_ . as a mciiibcr. Ex.i=,9 1. me -=-………|-“y cc.-H4’-……….i.-s of
fcgpQn.§e..u;t¥2-ciesuw is,-; we Hind-iifiisn Acncnauiics Ltd.
ii? salary cciiiiicatc in so far as it iciaics to
“»ijespo.’rii!$:iit-3. Ex.P.l1 is the salary certificate in respect of
x : “~.IVj’esp. <indent-4. Ex.P. 12 is the salary certificate ci
..respondent-1.
5. since the first respondent assaulted in the
amount due to the company in lit11I1daI:l¢.)i1;”‘:i§.:t
was issued on 9.7.1994 as
default letters ta_c,1d_,rcs_IIsel.’|. to_ I
t-.«-.si~i:m as E.-ts.i–*. 14 to A to
respondents 1 and 2. toA ‘1v)t§tAy’ivhe money is
to be found at is at Eit.P. 24.
5. %it which is
as Ert,vP¥’.§{\;*~ is at page No. 45, which
is first respondent is due to the
applicaxit by it.
-‘7′”.
..’7V; ..f new watt:-tm’-zs, it is autiritiantiy clear
psrticipated in the chit activities and had availed the
A’ : ‘l(V1’I’t’iI1.’..iz&)1′ Rs. 50,000/-. The staticmcnt of amount filed along
23,m,e. If i1tei’t’:’t ‘s added at per
3.7.2001 to 13.3.2002 and the ad
14.3.2002 to 31.3.2004 including notjcc
amount payable by mspondcditd A’ Rs. A
33,391,/-.
8. It is also s1gni’ ti)-dicize respondents are
served and [ax The evidence
adduced by i.f¢:mdi_ncd -..-…cr….m.tcm. an-:1
3
9. Havmgk%*d t_dti’ ic evidence adduced both oral and
I the View that the claim made by the
is be granted. Co,m,m.a_ny Adm Na.
4L22,)%2od4 ;-and-.-.n… in am-s — ‘
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