Hi,
I NRI salary person, who gave the a loan to a India registered software company and also had registered branch office abroad. Its partnership firm where there are 3 directors. The 2 (Director A & B) directors was running India office and Another director (Director C) was running foreign branch office. All 3 directors used to be my good friends for many years.
The transaction happened abroad. The loan amount paid in foreign currency from my personal bank account to company's bank account in that country. I received periodic interest rate in foreign currency. I received all the letters from the company about the receipt of the loan as well as contract terms.
On one day, the director based in foreign country (Director C) inform me that he is going to resign from directorship of the company because of dispute and distrust among the partners.
He also informed me that another director from India (Director B) will take over as director to this overseas branch office. During the discussion the director from India (Director B) also present.
He also informed that he is not responsible for any repayment of my loan since he is going to resign from the firm.
After some days, suddenly I found the foreign office of this software company closed withour giving any notice to me. The director (Director B) who came from India also runaway to India without notice to me. Upon communication, they told me that they do not have any money to run the business so they closed suddenly.
It was disaster to me to see my money is in risk. I fought with 2 current directors (DIRECTORS A&B) + 1 previous director (Director C) who was also there when the loan paid.
I feel like its cheating to me and my trust. They hide either financial problem or purposefully creating scenario.
Since I fought to previous director (Director C), he agreed to pay me 1/3 amount of the loan from his personal savings. I did the agreement with him on plain paper regarding to pay me 1/3 amount. He explicitely mentioned that he gave the money as a individual and not as director of the company. I received the 1/3 amount of total loan that I paid.
Parallely I am fighting with other 2 directors (Director A&B) in India. I made the promissory note for the total amount due from the firm in Indian Rupees and gurentee to pay the money against the personal assets. I got this written on 100Rs. Stamp paper.
Recently I found the director (Director C) which told me that he is going to resign, actually he never resigned. I still see his name in India's company registration certificate as well as foreign's company registration certificate. Bottomline he lied to me when we did the agreement where the previous overseas director agreed to pay 1/3 amount from his personal source rather than as a company director.
Also I filed the money recovery suit against the individual and the company. I included the this previous overseas director too.
My questions are as follows.
1. The respectives director's bunglow in Maharashtra is modgaged in a public sector bank. How can I find the information about the mortgage and the liabilities against mortgage? Will bank can give this info to me about some other's mortgage? Can I use RTI act here to get the info?
2. I feel all the director's are lying to me about financial position. Personally I feel they have the money…but as a director of the company they showing they do not have any money. Can I retrieve any information of their income against their PAN numbers? Can I use RTI act?
3. Can I do the police complaints of fraud and cheating? How can I prove its cheating?
Any extra suggestions also welcome.
