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Recovery of unsecured loan given to a private limited company


23-Dec-2023 (In Corporate Law)
Hi, My wife had given RS200000 to a pvt ltd company as unsecured loans in which her brother and father were directors in March 2012. Now I am not able to get my money back. What are the remedies available 1. I was given assurance of 24% per annum returns 2. There is no written agreements for anything. 3. At the time of declaration, no undertaking was given by me that the funds are given out of my own capacity and funds are not borrowed from any one. 4. Loans are reflected in each year balancesheet of the company filed with ROC and company is having healthy financials.
Answers (3)

Answer #1
755 votes
Send notice to company try to register FIR against company if not register than file a case through private lawyer for cheating and fraud. Further contact for detail information.
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Answer #2
606 votes
Hello Dear,
The matter is related to company and it shall be dealt with a company amendment (regulation) laws ,2013.
Therefore, you are solicited to take an appointment for the meeting schedule for reviewing document.
Answer #3
664 votes
Under CPC the most common remedy for recovery of money is Order 27 rule 1 and 2 under which a creditor can file a recovery suit. Further, recovery of money suits are governed under Order VII of CPC. In the absence of written agreement, a suit can also be filed on the basis of oral agreement. Under IPC you can file a case for criminal breach of trust[s 406], cheating[ s 417], punishment for cheating and dishonestly inducing delivery of property[ s 420], mischief[ s 426]. Send a notice to the party stating if dues are not paid, then you will file a case.

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