Application By The Depositor Under Section 58a(9) Of The Com Companies Act 1210 Legal Draft Template
| Category | Companies Act |
| Format | Rich Text |
| File name | Application by the Depositor under section 58A(9) of the Com-Companies Act-1210.rtf |
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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 applicantabove-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 thecompany, 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 principal 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 onbe 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 circumstances 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