High Court Karnataka High Court

The Official Liquidator Of M/S. … vs Ruckmani on 13 March, 2008

Karnataka High Court
The Official Liquidator Of M/S. … vs Ruckmani on 13 March, 2008
Author: Ajit J Gunjal
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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

I
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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