Recovery of fixed deposit from official liquidator mumbi
anil a ghaisas
(Querist) 29 June 2014
This query is : Resolved
Sir,
I have kept fixed deposits in two companies. I did not get my money inspite of lot of follow-up. recentlyIunderstandthat one of the company has been locked and gone to the control of Official liquidator Mumbai.
I wish to get my amount from Liquidators office. Can you suggest me procedure.
Regards
AnilA Ghaisas
ROHIT SHARMA
(Expert) 29 June 2014
Dear Mr. Anil A. Ghaisaa,
1. The company may have on its own may have sought voluntary winding up or in event of some creditors of the company may have applied to the Tribunal for winding up of such company in case of their failure to pay the creditors their dues.
2. You see, once the N.C.L.T has decided to wind up a company then an Official Liquidator is nominated by them.
3. You say that you understand that one of the company is under the process of winding up and hence the matter must have been placed before the National Company Law Tribunal which must have its bench in Mumbai.
4. You need to have this information confirmed whether such one company has in fact is being wound up and if it so then such particulars must be recorded with such N.C.L.T.
5. If it is for certain that such company is being wound up by the order of the Tribunal then you can make an application to such N.C.L.T. u/s 280 (b) of the Companies Act, 2013 providing all the information of your fixed deposits.
6. In turn the N.C.L.T will forward your claim to the appointed Liquidator who shall then take note of your claim and at the appropriate time when the company's assets are being dissolved and liquidated your claim would released.
5. If you need to have more personal private legal consultation the you can opt to contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 29 June 2014
Thus, you may follow the above advise given by expert Mr. Rohit Sharma. Even I have a similar opinion.
Kumar Doab
(Expert) 29 June 2014
Your fixed deposit is an amount that company has guaranteed to pay……………………It is debt on the company.
By nature and character you are Creditor to the company.
Inform the Liquidator of this Debt AS AP.
The Catch is in ‘Preferential Treatment’ and ‘Stacking Order of Priorities’………..
And what would be leftover for you after the stacking order of priorities…………..
You may find the discussion and judgments in other thread as relevant;
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp#.UbRtnOeAqWN
You may certainly seek opinion and consultation of lawyer well versed with such matters/company law...............
c.p.s. ramachary
(Expert) 30 June 2014
As the fixed deposits are your own money (if not charged as security), you may make an application to the O.L. to release the money covered by the FD or in the alternative to move an application before the NCLT and obtain direction to OL to release your money as the OL of compny has nothing to do with the deposits.
