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2019 (3) TMI 673

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....ules, 2016, by, inter alia, to a direction to the company to repay the petitioner a sum of Rs. 15,00,000 (rupees fifteen lakhs only) along with Rs. 6,44,696 (rupees six lakhs forty four thousand six hundred and ninety six only), being the interest accrued till date to the depositor, etc. 2. The brief facts as mentioned in the application are as follows : (1) M/s. Anytime Medicare Services P. Ltd., is a company incorporated under the Companies Act, 1956, on March 27, 2012 with CIN U85100KA2012PTC063243 and having its registered office at 301, 6th Main Road, S. T. Bed Layout, Koramangala, Bangalore-560 034, within the juris diction of this hon'ble Tribunal. (2) The petitioner (depositor) was working in the company as ....

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....nst the company for non-refund of the deposits and for violation of the provisions of the Companies Act, 2013. (5) Even no payments are being paid as promised by the company. The petitioner gone issue the demand notice dated August 29, 2016 for repayment of the amounts lent to the company with an interest of 18 per cent. per annum within a period of 21 days. (6) The company instead of repaying the deposit to the depositor, issued a reply to the legal notice vide reply letter dated October 8, 2016 by, inter alia, denying to repay the amount. However, the petitioner did not take any immediate legal action since the depositor wanted to provide some more time to the company to arrange funds for repayment of the deposits. There....

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....rrangement with the company. However the petitioner failed to prove it back active with regard to the issue raised in the company petitioner and unwarranted direction from the Tribunal. 4. Heard Shri Abhijit Atur along with Ms. Akhila M. S., learned counsel for the petitioner and Shri Peter Pushparaj, managing director of the respondent-company in person. We have carefully perused the pleadings of both the parties. 5. Shri Abhijit Atur along with Ms. Akhila M. S., learned counsel for the petitioner, while reiterate various averments made by the company petitioner as further submitted that the amount deposited the company is towards business investment as a business partner specifically for the establishment of long term project namely....

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....s Act, from the public except in a manner provided under this Chapter. 9. Admittedly, the petitioner has not filed any document to show any invitation was issued by the company from the public including the petitioner. The petitioner has not produced any material to show that in response to notification they have deposited the money primary company petition (sic). 10. Moreover, the complaint has made on July 1, 2016 to the Investor Grievance Management Cell and the Registrar of the Companies, by, inter alia, stating that he has invested Rs. 15,00,000 (fifteen lakhs only) in the financial year 2014-15 and they have verbally promised to give equity shares ; later on there was a promise of debenture and also returning the money with inte....