TaxTMI 
TaxTMI 
2007 (8) TMI 455
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....the Companies Act, 1956. The petitioners assert that they had made the money available to the company in connection with the construction of a hospital by the company in Siliguri and that the company had agreed to pay interest at the rate of 24 per cent, per annum on such loan. The petitioners rely on a letter of October 10, 2000, said to have been issued by the company and appearing to be signed by Dr. W.W. Chhang, the chairman-cum-director of the company and the apparent admission of the company found in the second and third paragraphs of such letter: "Details of the received cheques and cash are as follows : 'Sri Pawan Kumar Agarwal, Smt. Mina Devi Agarwal and Smt. Kalpana Agarwal-Rs. 1,50,000, 2,50,000 and l,00,000 vide cheques Nos. ....
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....u for not presenting the 2 (two) cheques, which were issued by me in favour of you, Sri Pawan Kumar Agarwal and Smt. Mina Devi Agarwal, amounting to Rs. 6,11,234 and 10,07,700 dated March 1, 2003 and March 3, 2003, cheques Nos. 407835 and 407839 drawn on SBI, Hill Cart Road, Main Branch, Siliguri, of our company, in your respective bank account for encashment, on my request due to insufficient fund in the company bank account. By a resolution dated September 10, 2003, in a special general meeting our company further acknowledge the debt of Rs. 6,55,000 (rupees six lakhs fifty five thousand only) and promised to pay the same with 24 per cent, interest per annum (compounded quarterly) at earliest possible." These two letters are the princip....
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.... prevaricated, and the same are knitted out of oblique motive to cause harm to my clients (sic). The statements made in those paragraphs are vehemently denied." In the affidavit used in these proceedings, the company relied on what it claims to be an extract from its register of members though such document has not, as it generally cannot be, been independently authenticated. The company has next relied on a Form No. 2 said to have been deposited with the Registrar's office in March, 1993, evidencing the issuance of shares to the second and third petitioners on March 3, 1993. Again, the company has relied on what appears to be the company's copy of the document without the company taking the trouble of obtaining a certified copy of such st....
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....ny does not deny the signature of its chairman in the two documents nor does it otherwise demonstrate that such documents had not been or could not have been issued. In fact the copies of the criminal complaint lodged by the company form part of the company's affidavit in these proceedings. Annexure A to the company's affidavit is a petition filed in C. R. Case No. 573 of 2006 under sections 415, 406, 425, 464 and 34 of the Indian Penal Code. In the twenty first paragraph in such complaint, the company has made allegations that * would bring the complaint within the folds of the various provisions of the Indian Penal Code referred to therein, without the principal matter of the nature of fabrication of the two primary documents being refer....
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....aunched by it and has used the word "fabricated" to assume that the use of such word and the filing of the criminal complaint were enough for the company court to refuse to receive this petition. . The company's defence appears to be dishonest and beyond comprehension. The company has not relied on any authenticated documents in support of its defence. The letters of October 10, 2000 and September 15, 2003, appear to be staring at the company's face and in the absence of the company having dealt with it in its response to the statutory notice and in the two subsequent sets of pleadings filed by it, the impression that is sought to be given is without basis. Ordinarily, the petitioners would have been entitled to an order admit ting the pe....