M. P. CHANDRAKANTARAJ, J. ( 1 ) THESE two applications are by the official Liquidator under Sec. 446 (2) (b) of the Companies Act, 1956, read with Rule 9 of the Companies (Court) rules, 1959, praying for orders of this court directing the respondents to pay to him certain sums of money due by them to the Company in liquidation (Navaj evan Enterprises (Mys) Pr Ltd. , since ordered to be wound up by an order of this Court dated 6. 1. 78 ). ( 2 ) THE facts alleged by the Official liquidator in C. A. No. 172/1980 may be taken, as the 1st respondent in both the applications is common and evidence led in that application is to be treated as common to both the applications by consent of the parties. The 1st respondent-T. N. Ramalingaiah was a subscriber to two chits in the, Company in liquidation which was carrying on business in chit fund transaction. In Group NSD ii he had subscribed to chit No. 24 having the value of rs. 5,000. At the auction held on. 10. 9. 1973 he was the successful bidder in that group and he was paid the prize amount of Rs. 3400 on 13-10-1973. He executed a promissory note for rs. 3400- in favour of the Company agreeing to pay interest at the rate of 18 per cent per annum. T. N. Satyanarayana Shetty, the second respondent joined the first respondent in the execution of the pronote as a surety. The 1st respondent has subscribed Rs. 4001- 50 upto 20. 5. 1975 including the dividends due to him in respect of the chit in question leaving a balance of subscription in the sum of Rs. 998-50. ( 3 ) THE Official Liquidator has claimed other sums as follows: