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AALOK TEWARI (Service)     23 September 2018

Diversion of fund with in business for business

A borrower. Obtained loan under multiple banking from three banks. Term loan from 2 banks and working capital from one bank. Unit is a loss making unit for last many years. Unit sold out the stock and purchased machinery for improvement of quality of product. Secondly made the payment of installments of other bank rest born loss. Company did not pay the sale proceeds to the bank who had provided the working capital. Bank lodged a complaint of cheating. Whether this is a act of cheating. Although money diverted to another bank and for purchase of fixed assets but promoters did not take it out of the business or for personal use.


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 1 Replies

G.L.N. Prasad (Retired employee.)     24 September 2018

The purpose of providing working capital is for stocks and the primary security is stocks and drawing power is arrived by the quantity of stocks maintained during that month.  Using any money for other uses amounts to diversification of funds for a purpose not stated in the agreement.  When done without consent and knowledge of the bank, it does amount to cheating.  Please go through Hypothecation agreement, by obtaining copy of such agreement through RTI.


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