9911796707
TMI Blog2003 (3) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... tor 37-D, Chandigarh. 2. Notices had been issued regarding the complaint case filed by the respondent/complainant wherein she sought payment of the maturity amount of the investments made in the 10 bonds of Rs. 1,000 each vide her Application No. 20002794 dated 14-12-1999 through OP. No. 3 - Chandigarh Branch of Alpic Finance Limited. These bonds were to carry interest at the rate of 13.5 per cent per annum under cumulative scheme and the investments made in the bonds were to be matured on 14-12-2000. The receipt dated 28-12-1999 was issued by the appellant in favour of the respondent/complainant and the allotment advice of the appellants was dated 2-8-2000. It was alleged by the complainant that vide her application No. 20002793 da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the OPs. was delivered to the addressee. Relying on the ex parte evidence, the District Forum allowed the complaint and directed the appellants to pay Rs. 20,000 to the complainant with interest at the rate of 9 per cent per annum from the date of maturity till payment and also awarded Rs. 500 as costs of litigation. 4. Mr. Pankaj Chandgothia, Advocate appearing for the appellants/OPs. mainly contended about the denial of opportunity to contest the complaint case on the ground that the notice of the complaint case had not been served on the OP. Nos. 2 and 3 particularly as the addresses of OP. Nos. 2 and 3 had undergone change. However, the address of OP. No. 1/appellant which is the head office located at Mumbai was admitted to be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on the agreed rate but he contended that as a matter of fact, the company Alpic Finance Limited has undergone liquidation and the matter is pending before the Company Judge under liquidation proceedings. Be that as it may, the mere fact that the Company is under liquidation will not be sufficient for not deciding the complaint case filed under the C.P. Act as it is a remedy in addition to the other remedy available to the complainant and not in derogation to the other remedies available to him under the law as provided by section 3 of the C.P. Act. 6. The appellants at best can raise a plea at the time of the execution of the impugned order and placed before the Executing Court the facts regarding the Company being under liquidation b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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