2021 (5) TMI 783

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....e named be directed to make the repayment of the aforesaid Deposit along with interest due thereon in accordance with the terms and conditions of the Deposit; (ii) That such further orders be passed as the Tribunal deem fit in the circumstances of the case. 2. It is submitted by the Petitioner that the Respondent Company is a Private Company Limited by shares incorporated on 17.08.1990 with CIN No. L74899 DL1990PLC041188 under the erstwhile Companies Act, 1956. The Authorised Share capital of the Company is Rs. 3,55,000,000/-. The Paid up capital of the Company is Rs. 257,184,992/-. The registered Office of the Company is at 201, Radha Chambers, Plot No. 19-20, G Block, Community Centre, Vikaspuri, New Delhi-110018. Hence, the jurisdicti....

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...., 2013. Therefore, as per submission of the Respondent, the present Application under Section 73(4) seeking directions of this Tribunal in terms of Section 73(3) or 73(2) of the Companies Act, 2013 is not maintainable. 8. It is further submitted by the respondent company that Rajinder Kumar Mittal has wrongly been arrayed as Director and party as Respondent No. 3 in the Memo of Parties, as the said Mr. Rajinder Kumar Mittal had resigned since 18.07.2019, which is duly recorded with the Registrar of Companies. In support of its contention, the respondent company has also placed on record a copy of the DIR-12 form. 9. It is further stated by the respondent company that in terms of Rule 73 of the NCLT Rules 2016, the Petitioner was required ....

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.... Company under Section 76(2) read with 74(2), and not otherwise. 13. As regards to making Mr. Gaurav Mittal Respondent No. 2 and Mr. Rajinder Kumar Respondent 3 as party in the present petition, it is submitted by the Petitioner that as per provision contained in Section 76A(b) of the Companies Act 2013, every officer of the company, who is in default shall be punishable with imprisonment which may extend to seven years and with fine which shall not be less than twenty five lakh rupees but which may extend to Two Crore Rupees. It is also added that the Deposits were made before the Respondent No. 2 and 3. 14. That the issuance of Fixed Deposit Receipts (FDR) in favour of the Petitioner, who is admittedly not a member of the respondent com....

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....for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section." 15. Moreover, the Section 73(4) of Companies Act 2013, under which the present petition has been filed, also comes under Chapter 5 of the Companies Act 2013. Therefore, by virtue of Section 76(2) of Companies Act 2013, the provisions regarding filing of an application by ....