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Rajiv Gosain (manager)     31 August 2010

maintainability of 397/398 petitition

A foreign company remitted money to an Indian Pvt Ltd Co that waas set up by an Indian gentlemen as a subsidiary of the foreign company. The Indian Co was formed and the FDI received shown as share application money on the companys books.

The Indian gentleman then got dishonest and consumed the share application money through booking various false expenses, refused to transfer any shares to the foreign co and installed himself and one other as the sole directors of the Indian co.

 

Thus the foreign co, is out their money, has no shares and has no say in the Indian Co.


What are the remedies other than a civil suit? At the CLB is the petition maintainable under Section 397/398 since the foreign co is not on the regiser of members? All help will be appreciated?


Alsdo at the CLB does this go before the Regional or Principal Bench?

 

Thanks



 2 Replies

Manish Singh (Advocate)     31 August 2010

Dear Mr. Gosain,

it shall be better if you approach the RBI since the Indian company has made contraventions of FEMA and the FDI policy. they were required either to issue such shares within 6 months or to refund the share appl;ication money in a reasonable time thereafter. So approach RBI.

SACHIN AGARWAL (ADVOCATE)     02 November 2010

I agree with Mr. Manish Singh.


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