Application by the Depositor under section 58A(9) of the Companies Act

Application by the Depositor under section 58A(9) of the Companies Act

Before the Company Law Board Bench, Eastern Region

9 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 1991AndIn the matter of AB residing at ……………… Calcutta Petitionerversus

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:

1.  Name and address of the                                            :  AB residing at ……………………

depositor-applicant                                                        Calcutta.

2.  Name of the company and                                           :  X Co. Ltd., having its registered

address of its registered office                                        office at …………… Calcutta.

3.  Name of the depositor and                                           :  AB residing at ………………

his address                                                                   Calcutta West Bengal.

4.  Amount of deposit                                                      :  Rs. 10,00,000.

5.  Fixed Deposit Receipt No. and                                    :  Fixed Deposit Receipt No. 5 dated

date                                                                             6th September 1995. Xerox copy

is enclosed.

6.  Terms and conditions of deposit                                   :  Interest at 25% per annum was

as also date of maturity of deposit                                   payable quarterly. The principal   amount was payable on 15th January 1999. Interest was payable every quarter.

7.  Details of payment made by the :                                  The company has not made any

company, if any                                                             payment of interest or the principal amount in spite of demands.

8.  Actual amount due as on the                                       :  Principal amount: Rs. 10,00,000

date of application                                                         Interest amount : Rs. 2,50,000.

9.  Details of correspondence if                                         :  Copies of correspondence are

any made between the company                                     enclosed.

and the depositor

10.  Any other particulars as may                                    :  The company is carrying on business

be considered relevant                                                         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:

1. I am the depositor above-named. I know the facts and circumstances of the case.

2. The statements made in paragraphs ……………… herein above 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

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