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Judgment Search Results Home > Cases Phrase: deposit pre contract Court: company law board clb Page 1 of about 110 results (0.118 seconds)

Sep 30 2004 (TRI)

In Re: Shamken Cotsyn Limited

Court : Company Law Board CLB

Reported in : (2004)56SCL520

..... regard to the interest of the depositors and also public interest at large, i order as follows:- (i) the interest payable will be the contracted rate upto the date of maturity and @ 5% per annum after the date of maturity till the date of actual payment. ..... company will adhere to the following guidelines in implementing the scheme :- a) while repaying the deposits as per the scheme above, all individual deposits will be treated as such and shall not be clubbed if any depositor holds more than one deposit for the purpose of arriving at the amount as fixed in the scheme. ..... interest upto the date of maturity will be paid at the contracted rate and interest after the date of maturity till the date of actual payment will be @ 4% per annum ..... interest upto the date of maturity will be paid at the contracted rate and interest after the date of maturity till the date of actual payment will be @ 4% per annum ..... interest upto the date of maturity will be paid at contracted rate and interest after the date of maturity till the date of actual payment will be @ 4% per annum. ..... year 2nd year 3rdyear-------------------------------------------------------------------------------0-5000 50% 50%50001& above 20% 30% 50%------------------------------------------------------------------------------ the interest shall be paid at the contracted rate up to the date of maturity and thereafter @ 4% p.a. ..... interest for both pre and post maturity period will be paid along with each installment (vi) all deposits of rs. .....

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Sep 06 2004 (TRI)

In Re: Shamken Cotsyn Ltd.; in Re:

Court : Company Law Board CLB

Reported in : (2004)4CompLJ547

..... to the interest of the depositors and also public interest at large, 1 order as follows: (i) the interest payable will be the contracted rate upto the date of maturity and @ 5% per annum after the date of maturity till the date of actual payment. ..... year-----------------------------------------------------------------------0-5000 50% 50%5001-10000 25% 35% 40%10001-20000 25% 35% 40%20001-25000 25% 30% 45%25001-50000 25% 30% 45%50001 and 20% 30% 50%above 14.1 the interest shall be paid at the contracted rate up to the date of maturity and thereafter @ 4% per annum on the principal amount outstanding. ..... will adhere to the following guidelines in implementing the scheme: (a) while repaying the deposits as per the scheme above, all individual deposits will be treated as such, and shall not be clubbed if any depositor holds more than one deposit for the purpose of arriving at the amount as fixed in the scheme. ..... interest upto the date of maturity will be paid at the contracted rate and interest after the elate of maturity till the date of actual payment will be @ 4% per ..... interest upto the date of maturity will be paid at the contracted rate and interest after the date of maturity till the date of actual payment will be @ 4% per an ..... interest upto the elate of maturity will be paid at contracted rate and interest after the date of maturity till the date of actual payment will be @ 4% ..... for both pre and post maturity period will be paid along with each instalment) (vii) all deposits of rs. .....

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Sep 30 2004 (TRI)

In Re: Shamken Multifab Limited

Court : Company Law Board CLB

..... company will adhere to the following guidelines in implementing the scheme :- a) while repaying the deposits as per the scheme above, all individual deposits will be treated as such and shall not be clubbed if any depositor holds more than one deposit for the purpose of arriving at the amount as fixed in the scheme ..... regard to the interest of the company, the interest of the depositors and also public interest at large, i order as follows :- (i) the interest payable will be the contracted rate upto the date of maturity and @ 5% per annum after the date of maturity till the date of actual payment (ii) all deposits upto rs ..... . f) the company will file an affidavit once in three months on the state of repayment deposits, the first on 1st february 2005 with company law board, northern bench, new delhi with copy to the registrar of companies, uttar pradesh & uttranchal, kanpur and also department of company ..... . on the principal amount outstanding.the interest, both pre and post maturity period will be paid along with the last installment.an amount ..... . the interest for both pre and post maturity will be paid along with ..... . the interest for both pre and post maturity period will be paid along with ..... . the interest for both pre and post maturity period will be paid along with ..... . the interest for both pre and post maturity period will be paid along with ..... . the interest for both pre and post maturity period will be paid along with ..... . the interest for both pre and post maturity period be paid along with .....

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Sep 30 2004 (TRI)

In Re: Shamken Spinners Limited

Court : Company Law Board CLB

..... elastomers and resins of all types, grades and copolymer formulation and form of as processed goods including polythene.4. m/s shamken spinners limited, which has collected public deposits under section 58a of the companies act, 1956 started defaulting in repayment of the deposits on maturity due to acute shortage of funds for the working capital requirements of the company and high rate of interest on loans availed by the company ..... the company, the interest of the depositors and also public interest at large, i order as follows :- (i) the interest payable will be the contracted rate upto the date of maturity and at 5% per annum after the date of maturity ..... . interest upto the date of maturity will be paid at the contracted rate and interest after the date of maturity till the date of actual payment ..... . interest upto the date of maturity will be paid at the contracted rate and interest after the date of maturity till the date of actual payment ..... . interest upto the date of maturity will be paid at contracted rate and interest after the date of maturity till the date of actual ..... -----------------------------------------------------------------------------------0-5000 50% 50% -5001-10000 25% 35% 40%10001-20000 25% 35% 40%20001-25000 25% 30% 45%25001-50000 25% 30% 45%50001 & above 20% 30% 50%----------------------------------------------------------------------------------- the interest shall be paid at the contracted rate up to the date of maturity and thereafter @ 4% p.a ..... pre and post maturity period will be paid along with each installment (vi) all deposits .....

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Jun 10 2005 (TRI)

In Re: Nuchem Limited

Court : Company Law Board CLB

Reported in : (2006)66SCL295

..... regard to the interest of the depositors and also in public interest at large, i hereby revise the scheme and order as follows:- (i) the interest payable will be the contracted rate upto the date of maturity and thereafter @ 4% per annum simple after the date of maturity till the date of actual payment on reducing balance. ..... company will adhere 10 the following guidelines in implementing the scheme:- a) while repaying the deposits as per the scheme above, all individual deposits will be treated as such and shall not be clubbed if any depositor holds more than one deposit for the purpose of arriving at the amount as fixed in the scheme. ..... payment will be made within six months from the date of commencement of the scheme alongwith the interest at the contracted rate till the date of maturiy and thereafter @ 4% till the date of actual payment. ..... company will file an affidavit once in six months on the stale of repayment deposits, the first on 1^st january 2006 with company law board, northern bench. ..... the aforesaid scheme, the company will be at liberty to make repayment of deposits along with the interest thereon before the stipulated time, if funds are available. ..... the interest for both pre and post maturity period will be paid along with last ..... the interest for both pre and post maturity period will be paid along with last ..... the interest for both pre and post maturity period will be paid along with last ..... the interest for both pre and post maturity period will be paid along with last .....

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Aug 19 2003 (TRI)

In Re: Morepen Laboratories Ltd.

Court : Company Law Board CLB

..... one of the depositor mentioned that the post dated cheques should be issued to them against their deposits.after hearing the advocate of the company, the following directions were given to the counsel for the petitioner. ..... the company will adhere to the following guidelines in implementing the scheme:- i) while repaying the deposits as per the scheme above, all individual deposits will be treated as such and shall not be clubbed if any depositor holds more than one deposit for the purpose of arriving at the amount as fixed in the scheme. ..... vi) the company will file an affidavit, once in three months on the state of repayment deposits, the first on 1^st november, 2003 with company law board, northern bench, new delhi with copy to the registrar of companies, punjab, h.p. ..... having regard to the interest of the company, the interest of the depositors and also public interest at large, i order as follows:- (i) the interest payable will be the contracted rate upto the date of maturity and at 7% per annum after the date of maturity; (ii) all deposits up to rs. ..... the interest for both pre and post maturity period will be paid along with the last instalment. ..... the interest for both pre and post maturity period will be paid along with the last instalment. ..... the interest for both pre and post maturity period will be paid along with the last instalment. .....

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Jan 16 2003 (TRI)

A.B. Appanna Vs. Southern Petrochemical

Court : Company Law Board CLB

Reported in : (2004)118CompCas114

..... own motion or on the application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the non-banking non-financial company to make repayment of such deposit, after giving a reasonable opportunity of being heard to the non-banking non-financial company and other persons interested in the matter within such time and such conditions as may be specified in the order. ..... a letter containing the warrants duly addressed to the applicant, in support of which he referred to the illustration (d) of section 50 of the indian contract act, 1872 and further relied on indore malwa united mills limited v.commissioner of income tax--air 1966 sc 1466 to show that where the debtor, by express or implied contract, is authorized to send the payment by cheque to the creditor, the post office is the agent of the creditor to receive the cheque and the ..... the applicant, when he had forwarded the discharged fixed deposit receipt claiming the deposit amount, through the company's agents, viz. ..... referred to the terms and conditions governing the fixed deposit schemes of the company and specifically read out condition ..... company should be directed to pay forthwith balance of the deposit amount together with interest.4. ..... if repayment is sought, the fixed deposit receipt shall be duly discharged on ..... clb has power under section 58a(9) to order for repayment only in the event of default to repay any deposit by the company. .....

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Jul 02 2003 (TRI)

Canara Bank Vs. National Power Grid Corporation

Court : Company Law Board CLB

Reported in : (2004)122CompCas312

..... the letter had also advised can fina to return a copy of the letter duly signed and marked "accepted" and that the company would advise can fina to deposit the application money in company's application money current account to be opened by the company with canara bank, janpath branch, new delhi.can fina credited a sum of ..... the counsel for the company also argued that the terms of section 56 of the contract act, this contract had been frustrated on the grounds of the same rbi/ipc reports, letter from the power ministry etc ..... such repayment indicates that can fina had not pre decided even at the time of taking the deposits, not to repay the same and that the fund was aware of the same ..... can fina had not paid for the bonds and inspite of this, it purchased the bonds and therefore cannot claim to be a bonafide purchaser without notice.further, in the present case the provisions of section 56 of the contract act also is applicable according to which an agreement to do an act impossible in itself is void. ..... hari singh (1971 2 scc 288) the supreme court has held that if the performance of a contract becomes impracticable or useless having regard to the object and purpose the parties had in view, then it must be held that the performance of the contract has become impossible. ..... in other words there is a breach of contract by can fina for which the company has other remedies ..... a contract could be said to be frustrated only when an act becomes impossible or is ..... to frustration of the contract.10. .....

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Mar 09 2004 (TRI)

Shree Cement Ltd. Vs. Power Grid Corporation Ltd.,

Court : Company Law Board CLB

Reported in : (2004)122CompCas332

..... " a similar situation has been quoted by the party in this case that the abfsl has not repaid the deposit and there is a breach of contract by abfsl for which the company has other remedies.as regards (b) above, the ffsl had purchased 10,000 bonds from abfsl but they did not ask for transfer of these bonds or letter of allotment in ..... on 24.8.98 pgcl filed an affidavit before the hon'ble high court stating that the interest amount has been deposited in the bank and the court stayed the proceeding before company law board, subsequently the hon'ble supreme court dismissed the said application of the petition no. ..... the special court also held that there was no composite contract as contended by pgcl and directed to the bonds committee appointed by it to enquire into whether shree cement ..... hon'ble high court directed pgcl to deposit the interest accruing on the bonds in the high court within ..... law board has also directed that the interest accrued so far and the amount due periodically shall be kept by pgcl in a separate "no lien" bank account fixed deposit account with the bankers of the respondent.20. ..... which empowered pgcl to forfeit bonds as set out in the said amended article 7 (a)(3) which reads as under :- "on all shares or debentures for which the allotment money (whether in full or part) was deferred or kept as term deposit, as a condition of subscription by allottee to the shares of debenture. ..... in other words there is a breach of contract by can fina for which the company has .....

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May 21 2007 (TRI)

Shri Praveen Bhargava and Ms. Vs. Calcutta Phototype Co. Ltd., Mrs.

Court : Company Law Board CLB

Reported in : (2008)1CompLJ345

..... as the performance of the company deteriorated due to mismanagement and siphoning off funds leading to the declaration of r-1 as a sick company and reference had to be registered by bifr; the so-called transfer by the respondents is invalid under the securities contract regulation act as sale is prohibited by law, except the spot delivery, no agreement to sale could have been signed; shares are goods under the sale of goods act, the same cannot be sold by deed of assignment, hence ..... as sale, except a spot delivery sale is prohibited by law under the securities contract regulations act, no agreement to sale could have been signed. ..... sale is prohibited by law under the securities contract regulation act, no agreement to sale could have been signed. ..... the transfer is otherwise also invalid under the securities contract regulation act, as sale, except a spot delivery. ..... hence, deed of assignment is not a sale agreement or an agreement to sell, and if so treated it will be void under the provisions of securities contract regulation act. g. .....

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