9911796707
TMI Blog2007 (8) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners assert that they had made the money available to the Company in connection with the construction of a hospital by the Com- pany in Siliguri and that the Company had agreed to pay interest at the rate of 24 per cent p.a. on such loan. The petitioners rely on a letter of 10-10-2000 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 :- "Detail of the received cheques and cash are as follows :- 'Sri Pawan Kumar Agarwal, Smt. Mina Devi Agarwal & Smt. Kalpana Agarwal Rs. 1,50,000, 2,50,000 and 1,00,000 vide Cheque Nos. E 010760 CWN 49101 and CWN 49083 dated 19- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur of you. Sri Pawan Kumar Agarwal and Smt. Mina Devi Agarwal, amounting to Rs. 6,11,234 and 10,07,700, dated 1-3-2003 and 3-3-2003, cheque 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 10-9-2003 in a special general meeting our company further acknowledge the debt of Rs. 6,35,000 (Rupees Six Lakhs Thirty Five Thousand) and promised to pay the same with 24 per cent interest p.a. (compounded quarterly) at earliest possible." 5. These two letters are the principal documents on which the petitioners found their claim. The petitioners also rely on a letter said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are vehemently denied." 8. 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 3-3-1993. 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 statutory form from the Registrar's Office, as is generally done to establish the authenticity of such document and the contemporaneous filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 21 paragraphs 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 referred to and without the signature of the company's Chairman on such documents being denied. In any event, the principal thrust of C.R. Case No. 573 of 2006 is in respect of the two cheq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars to be dishonest and beyond compre-hension. The company has not relied on any authenticated documents in support of its defence. The letters of 10-10-2000 and 15-9-2003 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. 14. Ordinarily, the petitioners would have been entitled to an order admitting the petition and permitting the company to pay off within a stipulated time to ward off advertisements. But in view of the fact that criminal proceedings have been instituted (which, in proceedings under section 482 of the Cr. P.C., appear now ..... X X X X Extracts X X X X X X X X Extracts X X X X
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