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Sushil (Mgr)     25 February 2010

Can a Loan be without any Documents

A finance company (A) claims to have given a Loan to a pvt. Ltd. Company . (B)

Given below are the points of arguments given by both the Companies .

Arguments given by Company "A"

Loan was given on date xx/xx/xxxx to the Mg. Director of the Company B for AMount Rs. zzzzzz by way of Demand Draft in  CIty GGGG

 

Arguments given by Comapny "B"

The Mg. Director of Company B was not in city GGGG as per Govt records and testimonies of Govt. Officials.

THere is No Loan Agreement between Comapny A and B

There is No Loan Application by Company B

THere is No Approval or Sanction of Loan by Company B

There is No mention of Interest whatsoever.

The Mg. Director of Company claims that another Director of B Company   (C) deposited the deamand draft by the name of Father of "C" as unsecured loan  in  Company B   and that Company B has never even applied for any Loan in Company A.

This fact was substantiate by the testimony of the accountant of Company B.

It was later found that Father of C is the promoter Director of Company A.

 

 

I wud welcome any suggestions in the above mentioned case scenario.

 

Thanks

 

 



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