- (1.) Under consideration is an application filed by Mr.C.SD) DHARTHAN (son of K.Chinnu expired on 12.04.2017) & Ms.S.TAMIL SELVI (in short Applicants) under Section 73(4) of the Companies Act, 2013 (the Act, 2013) seeking an order directing the respondent Company to pay the sum due in respect of the deposits made by them in the respondent Company.
(2.) According to the application filed before this Bench, the applicants herein have claimed a sum of Rs.2564,580/- and the details are as follows: All the deposits are repayable on the date of maturity along with contracted rate of interest. However, the Company failed to make repayment on the date of maturity. Since the deposits have not been repaid by the Company, the applicants have approached the Registrar of Companies, Tamil Nadu, Chennai (in short ROC, Chennai) and the ROC vide his letter dated 08.07.2017 advised the applicants to approach this Tribunal by filing an application under section 73(4) of the Act, 2013. Hence this application.
(3.) During the hearing, the learned PCS for the applicants submitted that the respondent Company is a Nidhi Company having its registered office at 193/8, Asiad Colony, Jawaharlal Nehru Road, Anna Nagar Western Extn, Chennai - 600 101. The Company failed to repay the deposits and the whereabouts of the company are not known to the applicants. The learned PCS also submitted that this Tribunal is empowered to direct the company to repay the sum due in respect of the deposits made by the applicants and prayed for a direction to the Company to repay the deposits with interest.;