I have case in kolkata now how shall i proceed
sanjay
(Querist) 06 October 2012
This query is : Resolved
dear sir i am attaching my file my case i like this
i have given LOAN OF Rs 48 lacs to one limited company in 2002 and had verbal talk of interest there after in 2004 they started giving money but when i paid them i took 10 PDC EACH OF 50 LACS OF YEAR 2003 IN 2003 THEY DID NOT PAY ME A SINGLE PENNY,
IN 2004 THE SAID 10 PDC WERE AGAIN RENEWED OF RS 48 LACS THEY PAID ME 20 LACS IN 2004 THEY TOLD ME ADJUST THE AMOUNT AS INTEREST THEY TOOK ONE HAND NOTE OF RS 19000/- EACH STATING THAT THE AMOUNT IS PAID IN CASH ONLY, NO INTEREST/CAPITAL WAS WRITTEN THERE
AGAIN IN 2005 THE 10 PDC WERE RENEWED OF RS 48 LACS THEY GAVE ME 9 LACS THE SAME WAS PROCEDURE
IN 2006 CHEQUE WERE RENEWED AND SOME PAYMENT WAS MADE SAME WAS PROCEDURE
IN 2007 THEY DECIDED TO SELL THE GARDEN AND INFORMED ME THAT THEY HAVE TAKE LOAN OF RS 48 LACS AND DURING 4 YEARS THEY HAVE PAID ME 38 LACS AND THEY ARE UNABLE TO PAY THE BAL SUM AND NOW THEY ARE SELLING THE GARDEN TO ANY THIRD PARTY THERE AFTER I PLACED THE CHEQUE IN BANK AND FILED SUIT OF 138 N.I. ACT WHICH IS PENDING ANOTHER SUIT WAS FILED OF WINDING UP OF WHICH ORDER IS ATTACHED NOW HOW SHALL I MOVE TO GET MY BAL CLAIM OF RS 38 LACS AND INTEREST THEY HAVE GIVEN NOMINAL RATE OF INTEREST ALSO PLEASE ALSO REFER ME ANY GOOD ADVOCATE TO FILE MY SUIT AND RECOVER THE AMOUNT IMMEDIATELY
Devajyoti Barman
(Expert) 07 October 2012
Apart from going for winding up. do file suit for recovery of money as well.
Since no attachment is there, further advice could not be given.
K.K.Ganguly
(Expert) 07 October 2012
1) Attachment containg the winding up order is not found for further advice.
2) File a Money/Recovery Suit though it will take a long time to get the verdict.