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shalaka patwardhan (OWNER)     05 July 2010

CIVIL SUIT IN HIGH COURT

A POLICE HAS TAKEN ACTION IN 2007,  ON THE FINANCIAL INVESTMENT COMPANY UNDER THE IPC 420,465, 467, 468, 470, 471, 34 & RBI ACT 45 & 58. POLICE HAD ALSO AREESTED  THE OWNER BUT OTHER ASSUSED ARE  ABSCONDED. AT EXISTING CASE IS PENDING BEFORE CHIEF JUDICIAL MAGISTRATE TILL DATE. AS A BEING AFFECTED INCESTOR I AM NEITHER FILE A COMPLAINT WITH POLICE OR NOT FILE A CIVIL SUIT IN LOWER COURT. POLICE HAS SEAZED THE PROPERTY & BANK ACCOUNTS ALSO. CAN I FILE DIRECTLY FILE A CIVIL SUIT IN THE HIGH COURT PLEASE ADVICE ME.



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 5 Replies

Daksh (Student)     06 July 2010

Dear Shalaka Patwardhan,

You have not mentioned the amount of money due and payable by the Company to you (this is necessary for the purposes of working out the question of jurisdiction for filing the civil suit for recovery as no body can directly go and file a proceeding to High Court unless the question of pecuniary jurisdiction is addressed) secondly you will have to shell out about 8% of the amount claimed as the cout fee for this purpose which ipso facto does not seems to be a good choice.  It is advisable that you go and file a complaint before Economic Offences wing detailing all the facts and circumstances of the case and simultaneously initially address a statutory notice u/s 433 and 434 of the Companies act and thereafter file a winding up petition against the Company for security your admitted debt.(which is a better alternative as compared to civil suit).

Best Regards

Daksh

Devajyoti Barman (Advocate)     06 July 2010

If you want to claim the investment back then filing of the Winding Up of the Company petition before the High Cout is highly efficacious and expeditious remedy .

Vinod kashyap (Advocate & Legal advisor)     07 July 2010

I agreed with devajoti first ensure that company not bound up their business already than you should give statutory notice u/s 434 of compnies act.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     25 July 2010

WINDING UP SUIT AT H.C EFFECT

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 July 2010

In all such cases the investors wake up when the whole property of these money market swinderlers is diverted elsewhere , since in greed. When the body is dead what you can do Law or no law.


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