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Firoz Ali   09 March 2024

Recovery of money from pvt ltd company & cheat directors

Dear all,

I need clarification on "cause of action" in civil suit. ur comment needed. 

A person invested in a private limited company in 2021 and company without informing him, vacated the company and closed all operation and fled away with everything. He just got to know about this in 2024 when he visited the company but there was nothing but some other company were there. 

1. whether the suit is maintenable in limitation act (3 years have lapsed) 

2. Who will be the party for recovery of money, Co. & directors? 

3. Company act (NCLT) doesn't entertain civil recovery or money suit, is it worthwhile to file any complaint there? 

4. When actually cause of action have arisen? 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     09 March 2024

It is not known that why did you not follow up with the company since 2021 after making the investment?

Whether you were receiving the interrst on the investment made by you regularly?

If you were not at all in touch with the company for the last 3 years or more, how and why did you get the idea of contacting the company now.

As per the date of investment and if there was no interest paid in the intermittant period from the date of investment till this date then the claim for money may be barred by limitation.

You may revert with proper details so that you will get proper opinion to your problem.

Firoz Ali   09 March 2024

Dear sir,

He was shareholder and with a view to work along with the company used to give money in need basis without any colletral Or on interest. 

1. investor was out of india, and no such contract for interest on his investment except he holds 25% share capital in the company with registered share in his name. 

2. No interest was paid till date. 

3. to withdraw or sell his shares. 

4. Actual date of investment of share alotment 10-01-2021 but date of making payment to company account was 15.05.2021.

He wants to recover his money through summery suit. Can he recover as a shareholders who gave loans to company. All money was paid to company's account. 

T. Kalaiselvan, Advocate (Advocate)     09 March 2024

If he has substantial evidence to prove the lending and if the claim is within three years time limit,  he can proceed. 

Firoz Ali   10 March 2024

Thanks a lot sir. 

Is it to be the same summary suit in order 37 or any specific? 

T. Kalaiselvan, Advocate (Advocate)     11 March 2024

If the documentary evidences conform as proper requirements to file the summary suit under order 37, then you can proceed otherwise you can discuss with your advocate and proceed as suggested. 


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