Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2021 (5) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 783 - Tri - Companies LawMaintainability of petition - interest bearing Fixed Deposit - seeking repayment of the Deposit due along with interest due - it is the case of Respondent that the present Petition is not maintainable since the Petition under Section 73(4) can only be filed by a Member of the Company and the Petitioner has not annexed any proof with respect to his Membership in the respondent company - HELD THAT:- 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 a depositor before this Tribunal shall be mutatis mutandis applicable to public i.e., non-member of the company, from whom the deposit is accepted - there are no force in the plea raised by the Respondent that the Petitioner has not supplied copy to the RoC and RD and no report has come from them. Since the Rule 73(6) of NCLT Rules 2016 stipulates this requirement only in respect of the applications filed under sub-section (2) of section 76 and under sub-section (2) of section 74 of the Companies Act, 2013. The Petitioner has been successful in establishing default made by the Respondents - Application allowed.
|