Restoration of hearing in the case
CHARAN SINGH
(Querist) 13 September 2014
This query is : Resolved
In March, 2004, the directors of the company made an application under Easy Exit Scheme for getting the name of the company struck off from the register of companies. Alongwith this application, all the directors submitted their Affidavits and Indemnity Bonds duly notarised by the Oath Commissioner stating that the company could not carry on any business activity from the date of incorporation of the company and there is no liability of the company towards any person including banks. The true position on this date was that the company owed a bank loan with outstanding balance of Rs. 10 lacs approximately and Rs. 12 lacs were taken from general public as advance from customers and company neither gave bricks to these persons nor refunded their money. The company showed in its balance sheet that total expenses incurred for the registration of the company were Rs. 10,500/- whereas as a professional I deposited around Rs. 15,000/- as registration fee with the Registrar and total fee bill was around Rs. 30,000/- which is not paid by the directors till date. Hence, the directors submitted a fake balance sheet with the Registrar of Companies for getting the name of the company struck off. Even, the statutory auditor/Chartered Accountant who had signed the Balance Sheet claimed that his signatures on the balance sheet are forged.
In these circumstances, I appeared in the Hon’ble High Court of Delhi on the date of hearing of my case on 03.09.2014. My advocate told me that there is no locus standi in your favour and you should withdraw the case otherwise the court may penalize you. I was a victim and I had trust in court that a justice will be done with me and I became ready to face the penalize order. Then, he said that the court may fix penalty of Rs. 50,000/- and I became ready to pay the same. Then, he said that you had said in your cross-examination at the time of hearing of your case of dishonoured cheque that you don’t remember about ABC Private Limited, the company in question, and in these circumstances, the court may send you jail by fixing penalty of Rs. 5 lacs as you had filed a forge case without any locus standi. And by saying this, he apply for withdraw of case in the court and it was withdrawn within minutes.
Whether I can file review application in the same court for restoration of hearing in my case?
Devajyoti Barman
(Expert) 14 September 2014
I do not think your cases would attract any penalty. In any case your lawyer sounds to be more negative or acting on extraneous influence.
I would advise you to change lawyer and go for hearing.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
Under the given circumstances, it would be better to go for review of the same by engaging a new and good lawyer. As rightly observed by expert Mr. Barman, you need not had to pay any penalty because there is no such thing attracting penalty in your case.
