Scribd
Upload
59 views

Chief Metropolitan: Samruddhi Reality Limited and Others

1. The complainant took a loan of Rs. 15 lakhs from the accused company Samruddhi Realty Limited and its directors in 2016, of which only Rs. 7.5 lakhs has been repaid so far. 2. Samruddhi Realty Limited has since been liquidated and Mr. Pankaj Srivastava has been appointed as the liquidator. 3. The complainant is seeking to implead Mr. Pankaj Srivastava as the liquidator of Samruddhi Realty Limited in the ongoing criminal case against the company and its directors regarding the outstanding loan amount, in order to enable the court to reach a fair conclusion.

Uploaded by

Vikram R. Choudhary
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
59 views

Chief Metropolitan: Samruddhi Reality Limited and Others

1. The complainant took a loan of Rs. 15 lakhs from the accused company Samruddhi Realty Limited and its directors in 2016, of which only Rs. 7.5 lakhs has been repaid so far. 2. Samruddhi Realty Limited has since been liquidated and Mr. Pankaj Srivastava has been appointed as the liquidator. 3. The complainant is seeking to implead Mr. Pankaj Srivastava as the liquidator of Samruddhi Realty Limited in the ongoing criminal case against the company and its directors regarding the outstanding loan amount, in order to enable the court to reach a fair conclusion.

Uploaded by

Vikram R. Choudhary
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

ADD

IN THE COURT OF THE XXIVth


MAGISTRATE AT ANGALORE CHIEF METROPOLITAN
SCCH-26

C.C.NO 2812018
cOMPLAINANT Om Sai AssoCiate s

vsl

ACCUSED Samruddhi Reality Limited and others


..essesn***** ***
.***** **
****
APPLICATION UNDER SECTION 305(5) OF THE CODE OF
CRIMINAL PROCEDURE, the Complainant above named begs to
state as follows.
1. This Application is filed to IMPLEAD the LIQUIDATOR who is
appointed the Liquidator ofthe Accusei No.1 Company namely:
Mr.PANKAJ SRIVASTAVA
Liquidator of M/s.Samruddhi Realty Limited,
No.5, 5th cross, Navya Najar, Jakkur,
Bangalore-560 064.
As per the Order of the National Company Law Tribunal, Bengaluru in
C.P.(1B) NO.189/bb/ in I.LA.No.277/2020.

2. The Complainant submits, that, the Accused No.1 is a Private


Limited Company which is represented by its Directors namely the
Accused No.2 and Accused No.3. The Accused No.2 and Accused
No.3 representing the Accused No.1 had borrowed a Loan of
Rs.15,00,000/- (Rupees Fifteen Lakhs only) from the Complainant on
23-03-2016 by way of Cheque bearing No.000420, dated:-23-03-2016
for Rs.15,00,000/- drawn on DCB Bank Ltd, Bangalore which was duly
encashed by the Accused.
The Complainant submits, that, Out of the Total Sum of Rs.15,00,000/
have paid a sum of
(Rupees Fifteen Lakhs only), alt the
Accused
Rs.7,50,000- (Rupees Seven 1 akhs Fifty Thousand onily) to the
Complainant and all the Accused are stilldue in a sum of Rs.7,50,000/-
(Rupees Seven Lakhs Fifty and only) to the Complainant
towards the Balance of Princinal The Complainant submits, that,
towards the payment of the amount due, the Accused No.2 issued

Cheque bearing No.923078, dt-03-11-2017 for Rs.7,50,000/- drawn on


Canara Bank, Kannamangala, Karntaka-562110 which when presented
to the Bank the Lakshmi Vilas
on 03-11-2017 through Bank, City
Market Branch, Bangalore dishonoured with remarks
was returned
Funds Insufficient' as per Memo of Dishonour dated:-04-11-2017 and
inspite of issue of
Legal Notice dt:-18-11-2017 which was duly served
on 22-11-2017, the Accused have failed to comply the demand made
in the
Legal Notice and therefore the Complainant has filed the
aforesaid case.

2. The
Complainant submits, that, during the course of
Evidence,
Enquiry and Trial pendency of the case, and in cross
examination, the
Complainant has come to know that the Accused No.1
been Liquadated and one Company has
Mr.Pankaj Srivastava has been appointed as
a
Liquadator of the Accused No.1
filed to
Company. Hence this Application is
Impleadthe said Liquidator in this case, in order to enable this
Hon'ble Court to come to a just and fair conclusion.

3. The
Complainant submits, that, in case the aforesaid persons are
not impleaded in the
aforesaid case, the
Complainant will be put to
irreparable loss and injury and there will be
great miscarriage of justice.
3
Liquidator
Wherefore the Complainant prays mplead the following
as under
Mr.PANKAJ SRIVASTAVA

M/s.Samrudgh

Realty Limited,
Liguidator of
No.5, 5th Cross,
Navya Nagar, Jakkur,
Bangalore-560 064.
to the
Order for Issue of Notice
be pleasea
And this Hon'ble Court

Liquidatorin the interest of justice.

BANGALORE
COMPLAINANT

DATED
ADVOCATE FOR COMPLAINANT

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy