Company winding up petition
amol
(Querist) 01 August 2013
This query is : Resolved
there is a Co winding up petition admitted in High Court
in which petitioner's claim is secured but other applicants filed application
one of the applicant got the order from the consumer court for the identical grievance inspite he has used company petition as a tool to recover the amount
the other second applicant merely on the basis of allotment letter of a flat issued by the Respondent Co who is a builder and developer approached to the Company Court without any judgement or order of any court
whether the claim of these two applicant can survive ?
please guide i think this a pressure tactic adopted by them against the respondent please guide with judgements
thanks
ajay sethi
(Expert) 01 August 2013
necessary to see the case papers to advise .
amol
(Querist) 01 August 2013
The Consumer complaint filed by the applicant against the Respondent was dismissed and now after one year of the admission of the co petition they approached to the co court in a admitted petition to raise their claim and the applicant is one of the member of managing committee i.e. chairman who have terminated the development agreement of the other project of the respondent against which the suit is pending. And now because Respondent exposed the fraud in NOM filed in Suit which is kept for hearing before that applicant want to appoint provisional liquidator to restrain respondent company to move with the hearing of the notice of motion and expose the fraud committed in a redevelopment project by managing committee
these are the circumstances sir
pls guide i think this is pressure tactic
ajay sethi
(Expert) 01 August 2013
why was it dismissed? on merits? they can lodge claim with official liquidator of the company . the issue as to whether claim is maintanable or not has to be decided .
amol
(Querist) 01 August 2013
complaint was for refund of money paid for purchase of flat from respondent the same is dismissed on merits and directed to file suit for recovery
now without filing any suit for recovery the applicant has approached to this Company court without producing the order of consumer court and merely on the basis of allotment letter issued to him in 2008
today we are in 2013 limitation period to file suit or claim was upto 2011
and till date the liquidator is not appointed and in his application he sought interim relief to appoint the same
pls guide sir how shall i escape from this ?
amol
(Querist) 01 August 2013
please guide sirs thanks
