APPLICATION BY THE DEPOSITOR
UNDER SECTION 58A(9) OF THE COMPANIES ACT
Before the Company Law Board Bench, Eastern Region9 Old Post Office Street, Calcutta 700 001
Company Petition No of 2000 In the matter of the Companies Act 1956
section 58A read with the Regulation
37 of
the Company Law Board Bench Rules 1991
And
In the matter of AB residing at
Calcutta
Petitioner
versus
X Co. Ltd. a company registered under
the Companies Act 1956 and having its
registered office at ________Calcutta
Respondent
The humble petition of the applicant
above-named most respectfully
Sheweth:
1Name and address of the
depositor-applicant
2Name of the company and
address of its registered office
3 Name of the depositor and his
address
4 Amount of deposit
5 Fixed Deposit Receipt No. and
date
6. Terms and conditions of deposit
as also date of maturity of
deposit
7 Details of payment made by the
company, if any
8 Actual amount due as on the
date of application
9.Details of correspondence if
any made between the
company and the depositor
AB residing at
Calcutta.X Co. Ltd., having its registered
office at
Calcutta.
AB residing at
Calcutta West Bengal.
Rs. 10,00,000.
Fixed Deposit Receipt No. 5 dated
6th September 1995. Xerox copy is enclosed.
Interest at 25% per annum was
payable quarterly. The principal
amount was payable on 15th
January 1999. Interest was
payable every quarter.
The company has not made any
payment of interest or the prin
cipal amount in spite of demands.
Principal amount: Rs. 10,00,000
Interest amount: Rs. 2,50,000.
Copies of correspondence are
enclosed.
10. Any other particulars as may : The company is carrying on
be considered relevant
business acquiring assets and
shares in other companies and
making inter-corporate deposits,
and is commercially insolvent
and several applications for
winding-up are pending.
The depositor-applicant therefore prays:
(i) that the company above-named be directed to make payment of
the aforesaid deposit along with interest due thereon in
accordance with the terms and conditions of deposit contained
in Fixed Deposit Receipt;
(ii)
further Orders be made as the Company Law Board may deem
fit and proper in the circumstances of the case.
Place
Signature of the
Date
depositor-applicant
Verification
I,
, son of
, aged
years,
residing at
, do hereby solemnly affirm and say as follows:
I am the depositor above-named. I know the facts and circums
tances of the case.
The statements made in paragraphs
hereinabove
are true to my knowledge derived from records maintained by
me and from the Board proceedings against the respondent
company and I believe them to be true. I sign this Verification
this
day of 2000 at
Calcutta.
Signature
Before me
Notary