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Cheated by my a company as an investor
09-Apr-2023 (In Corporate Law)
Hi Team, My uncle started a Pvt Ltd company in 2013 and he was trying to take multiple loans against same property. He got caught and he needed money immediately at that time to clear his previous loan and he ask me to invest in his company. I gave him more than 20 Lacs into company's accounts. Its been more than 3 years, he neither gave me any share nor ready to return my money. I took personal loan for him. Unfortunatly I came to know that my money has been shown in audit as a borrower. Other side he also took my fathers pension money by emotional blackmailing. Also other share holders has been cheated by him. My father has shares in the company but he gets nothing. Please help and suggest me how get my money back. I have planed like below. 1. File a case under MCA ( But confused whether I should file case as a investor, creditor, Deposit holder, etc and under what Corporate fraud, management dispute. 2. File a case FIR of cheating to the local police station.
You have multiple remedies available at your disposal and the best part is some of it can go on parallely. That is to say you can take legal recourse on more than one front at the same time.
The first one is a must and is most effective. You must file a fir and let the police do its job. Secondly the criminal proceedings will also help you in your civil actions.
The two different forms of civil action available to you are through the NCLT (NATIONAL COMPANY LAW TRIBUNAL).
You may either go for insolvency proceedings against his company or you may sue him as a shareholder in a case of mismanagement and oppression.
In your case it sounds like both are available to you. But the best atrategy can be ascertained only after one sees the papers. You must meet a lawyer asap with all the relevant documents.
The first one is a must and is most effective. You must file a fir and let the police do its job. Secondly the criminal proceedings will also help you in your civil actions.
The two different forms of civil action available to you are through the NCLT (NATIONAL COMPANY LAW TRIBUNAL).
You may either go for insolvency proceedings against his company or you may sue him as a shareholder in a case of mismanagement and oppression.
In your case it sounds like both are available to you. But the best atrategy can be ascertained only after one sees the papers. You must meet a lawyer asap with all the relevant documents.
Helpful?
20+
20+
Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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Dear Querist,
To give a detailed opinion, all the documents are required to be perused. However, on the basis of what you have enumerated herein you may file a complaint with the respective ROC and also file a police complaint but all these efforts will not be able to recover the money and at the most would be a pressure tactics unless combined with appropriate proceeding.
On the basis of your documents, it may be advisable for you to file appropriate proceedings before National Company Law Tribunal (NCLT) or file a suit for money in order to recover your money.
Regards,
Sohail Haque
To give a detailed opinion, all the documents are required to be perused. However, on the basis of what you have enumerated herein you may file a complaint with the respective ROC and also file a police complaint but all these efforts will not be able to recover the money and at the most would be a pressure tactics unless combined with appropriate proceeding.
On the basis of your documents, it may be advisable for you to file appropriate proceedings before National Company Law Tribunal (NCLT) or file a suit for money in order to recover your money.
Regards,
Sohail Haque
Helpful?
13+
13+
Adv. Sohail Haque
Kolkata | 25+ Answers
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