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TMI Blog2018 (5) TMI 2078X X X X Extracts X X X X X X X X Extracts X X X X ..... stating the details of debenture Certificate no, Registered Folio no, numbers of Debentures, Distinctive No(s) of Debentures, Date of Allotment sent to Respondent No.1. Present Applicant 1 to 32 falls into the category of debenture holder. They have complied all the requirement of Form 11 of National Company Law Tribunal Rules, 2016 and annexed all the documents to prove that the R1 company failed to redeem their debenture on the date of maturity/repay the deposit on the date of maturity. Hence, the present petition is allowed regarding its prayer clause and company above named is directed to make repayment of the Deposit above (s)/ Debenture (s) along with interest due thereon by the Terms and Conditions of the Deposit/ Debenture within 15 days from receipt of this order - it is found that maturity date of the Debenture Certificate of the some of the debenture holder is premature. Hence such debenture/ premature certificate are devoid of this order. Application disposed off. - CP NO. 201/ALD/2017 - - - Dated:- 18-5-2018 - SH. V.P. SINGH, MEMBER (J) AND MS. SAROJ RAJWARE, MEMBER (T) FOR THE APPLICANT : SH. RAHUL CHAUDHARY, ADV. FOR THE RESPONDENT : SH. ASHUTOSH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2020 5. Rajman Sharma, PICL/F-00718 SIPS No.PI-15387 ₹ 10,000/- + ₹ 90,000/- = ₹ 1,00,000/- LBF2-718 PICL/PA022946 -- 31.03.2021 31.03.2020 6. Rohit Kumar Mishra, SIPS No.P-82234 SIPS No.PC- 000494 SIPS No.PC- 000493 ₹ 30,000/- + ₹ 54,000/- + ₹ 54,000/- = ₹ 1,38,000/- PIL/PC062641 PICL/PC002159 PICL/PC000646 -- 30.11.2018, 31.10.2019 31.10.2019 7. Vipin Pandey, SIPS No.PI-15379 ₹ 60,000/- PICL/PA013673 -- 19.03.2020 8. Prem Chand Gupta, PICL/F-04401 SIPS No.PI-35582 SIPS No.PC- 000781 ₹ 35,000/- + ₹ 90,000/- + ₹ 18,000/- = ₹ 1,43,000/- LBF2-4405 PICL/PA057 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pramod Pandey SIPS No.P-60666 ₹ 30,000/- PIL/PC032087 -- 28.02.2018 19. Sudha Devi SIPS No.PI-11649 ₹ 60,000/- PICL/PA022851 -- 31.01.2020 20. Rakesh Pandey SIPS No.P-64811 ₹ 30,000/- PIL/PC051483 -- 06.03.2018 21. Kallu Ram Gupta SIPS No.P-92107 SIPS No.PC- 000732 ₹ 1,26,000/- + ₹ 21,600/- = ₹ 1,47,600/- PIL/PC026318 PICL/PC002146 -- 05.02.2019 28.02.2018 22. Jai Shankar Seth SIPS No.PI-33038 SIPS No.PI-17319 SIPS No.PI-15381 ₹ 60,000/- + ₹ 66,000/- + ₹ 4,80,000/- = ₹ 6,06,000/- PICL/PA057599 PICL/PA013616 PICL/PA013674 -- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly paid up secured redeemable non-convertible debenture but the same has not been redeemed till date, and the applicants/petitioner are running from pillar to post, constrained by which they sent Notice through Counsel by registered post to pay the due amount failing which the applicants/petitioners will initiate legal proceedings. IV. Petitioners contends that the respondent No.1 2 have sufficient capital to pay off the dues of the applicants and are deliberately withholding the payments of the applicants for the reasons best known to them. Moreover, the respondents are siphoning off the funds of the company in other ventures and companies illegally. V. For the above conduct the Securities and Exchange Board of India in PR No.34 of 2016 passed an order on 25.04.2016 restraining and prohibiting the Promoter s/Directors from buying, selling or otherwise dealing in the securities market from the date of the order till the expiry of four years from the date of completion of refunds to the investors. 3. M/s Prism Industrial Complex Limited, Respondent No.1 has not filed any reply to this petition. 4. From the perusal of record it is evident that this Tribunal vide order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company or bonds or debentures compulsorily convertible into shares of the company within ten years: (a) any amount raised by issue of non-convertible debentures nonconstituting a charge on the assets of the company and listed on a recognized stock-exchange as per applicable regulation made by SEBI. (xii) any amount received in the course of, or for the purposes of, the business of the company,- (a) as an advance for the supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance: Provided that in case of any advance which is subject matter of any legal proceedings before any court of law, the said time limit of three hundred and sixty five days shall not apply: (b) as advance, accounted for in any manner whatsoever, received in connection with consideration for property un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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