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2017 (10) TMI 1068

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..... aud upon the innocent depositors/ investors/ creditors of the respondent company. Shri V.K.Sharma the ex-managing director of JVG group of Companies vide his affidavit dated 14.02.2012 also stated that all the land properties in different JVG group Company were purchased out of funds of petitioner and he has no objection if the properties of all the JVG group companies are sold and the investors of all the JVG group companies are paid. He further stated that all the creditors/investors of different JVG group companies may be treated as the investors of JVG Finance Limited. Since, the petitioner is a bonafide creditor of the respondent company and since despite notice the respondent company could not repay, so considering the overall c .....

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..... shed and other objects are set forth in the Memorandum of Association of the respondent company. 6. The Official Liquidator had obtained the details of the respondent company, as available on the website of the Ministry Of Corporate Affairs viz. www.mca.gov.in; which indicates that the last Annual General Meeting of the respondent company was held on 30.09.1992 and the last Annual Return filed was as on 31.03.1992. The respondent Company has suspended its business for more than one year and the respondent company has committed default in delivering the statutory reports to the Registrar of Companies, Delhi. The respondent company is also not holding its statutory meetings. No balance sheets or any statutory record related with respondent .....

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..... and of the respondent company situated at JVG Enclave, Jawalapur, Haridwar has been purchased from the funds of petitioner as per its balance sheet and as on 31.03.1995, an amount of ₹117lakhs has been paid to the respondent company for transferring land rights in respect of land situated at Noida, Dadri Road and Jawalapur, Haridwar and the amount has not been paid by the respondent company to petitioner and as such is the creditor of the respondent company. 11. As per the information receipt from Registrar of Companies the Registered Office of the respondent company was situated at B-22, Ansal Chambers-I, Bhikhaji Cama Place, New Delhi which was also the office of JVG Finance Ltd and the same was taken into possession by the Offic .....

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..... i V.K.Sharma, CMD of JVG group Companies in CP 265/1998, it was stated by him that all the properties of the respondent companies have been acquired with the funds of petitioner only and actually owned by it and the name of the respondent company has been used as a corporate personality as a cloak for committing fraud upon the innocent depositors/ investors/ creditors of the respondent company. 14. Shri V.K.Sharma the ex-managing director of JVG group of Companies vide his affidavit dated 14.02.2012 also stated that all the land properties in different JVG group Company were purchased out of funds of petitioner and he has no objection if the properties of all the JVG group companies are sold and the investors of all the JVG group compani .....

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