9911796707
TMI Blog2007 (8) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... uit is instituted within a period of three weeks from the date of intimation by the company to the petitioners that security in terms of this order has been furnished. In default of the security being furnished within the time permitted, the petition will be advertised once in The Statesman and once in the Aajkal. The publication in the official gazette will stand dispensed with. The advertisements will indicate that the matter will be returnable on the next available court day four weeks after the publication. In the event the petitioners fail to file the suit within the time permitted after receipt of information of security having been furnished, the company will have liberty to obtain discharge of the security. - C. P. NO. 347 OF 2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pril 7, 1999, drawn on Allahabad Bank and United Bank of Siliguri and Rs. 25,00 each in cash from Smt. Mina Devi Agarwal and Smt. Kalpana Agarwal on April 7, 2000'. At present due to development work in the nursing home, our company is not in a condition to repay the loan amount with interest. So our company hereby requests you to further extend time to repay the said loan amount with interest within 3 (three) years from the date of this letter of acknowledgment of debt of our company." The petitioners also rely on cheques for Rs. 6,11/234 and Rs. 10,07,700 said to have been issued by the company on March 1, 2003 and March 3, 2003 and bearing the same signatures as appearing on the letter of October 10, 2000. The writing of the date, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on such letter. In the statutory notice of June 28, 2006, the petitioners narrated the circumstances in which they claim the loans were made and in paragraphs ( viii ) and ( x ), the petitioners referred to the letters of March 10, 2000 and September 9, 2003. The petitioners also referred to special general meetings of the company having been held on October 7, 2000 and September 10, 2003, pursuant to which the two letters were allegedly issued by the company. The cheques said to have been issued by the company were also mentioned in the statutory notice. In the written response of July 14, 2006, the company denied the petitioner's claim and alleged that the petitioners had been allotted shares in the company against the applications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturns for the years ended September 30, 1996 and September 30, 2001, said to have been filed by it with the Registrar. But, the company has again chosen to rely on documents that it claims it filed without obtaining authenticated copies thereof from the Registrar's records. But, even if the returns and the statutory forms relied upon by the company are taken at face value, it does not appear that such documents can fasten the petitioners with knowledge of having become the shareholders of the company, particularly in the absence of the company otherwise being able to establish such allegation. According to the company, it issued some letters to the petitioners, requiring the petitioners to claim their share certificates. Again, the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The other document appended to the company's affidavit is an application under section 94 of the Criminal Procedure Code, 1973, for issuance of a search warrant for recovery of valuable securities and documents. Such miscellaneous application arises out of C. R. Case No. 573 of 2006 and the valuable documents referred to in such application are the two cheques relied upon by the petitioners in these proceedings. It is also a matter of some significance that such criminal complaint was lodged after the winding up proceedings were instituted and after the company obtained directions for filing its affidavit herein. The company had a chance, upon the petitioners' assertion in the statutory notice, to explain in its response of July 14, 2006, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs under section 482 of the Code of Criminal procedure, appear now to have been stayed by this court), the company is being afforded a chance to secure the entire claim of the petitioners, inclusive of interest, not at 24 per cent, as the petitioners claim, but at 12 per cent, per annum reckoned from the second of the two letters which appears to have been issued by the company on September 15, 2003, within a period of three weeks from date. The petition is admitted for the sum of Rs. 6,05,000 together with interest at the rate of 12 per cent, per annum from September 15, 2003. If the company furnishes security of the entire sum, inclusive of interest, up to the date of furnishing of security, in favour of the Registrar, original side, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
