KAMAL UDAY SHANKAR CHAUDHARY AND ORS Vs. PLETHICO PHARMACEUTICALS LTD
LAWS(NCLT)-2018-1-449
NATIONAL COMPANY LAW TRIBUNAL
Decided on January 17,2018

KAMAL UDAY SHANKAR CHAUDHARY AND ORS Appellant
VERSUS
PLETHICO PHARMACEUTICALS LTD Respondents

JUDGEMENT

Bikki Raveendra Babu, Member - (1.) The petitioners in this batch petitions have deposited their hard earned money with Plethico Pharmaceuticals Ltd. in fixed deposits prior to 01.04.2014. Petitioners came forward before this Tribunal with a request for direction to Plethico Pharmaceuticals Ltd. to refund their fixed deposit amounts with interest as agreed under Section 73 (4) of the Companies Act, 2013.
(2.) It is the contention of the petitioners in all these petitions that inspite of the maturity period is over, fixed deposit amounts have not been returned to them by the company. Further, it is the case of the petitioners that inspite of the orders of Hon'ble Company Law Board, Mumbai and the dismissal of petition filed by the company for extension of time by National Company Law Tribunal, Ahmedabad bench, the company did not choose to make any payments. Learned counsel appearing for the petitioners contended that inspite of service of notice, none choose to appear for the company. Petitioners brought to the notice of this Tribunal the following facts that are germane for disposal of this batch petitions:
(3.) Citibank N.A. London Branch, a US National banking corporation incorporated under the laws of the New York and acting through its London Branch having its principal office in London through its authorised signatory filed winding up petition vide Company Petition No. 35 of 2013 before Hon'ble High Court of Madhya Pradesh, Indore Bench against Plethico Pharmaceuticals Ltd. Hon'ble High Court of Madhya Pradesh, Indore Bench admitted the said winding up petition on 01.10.2014. Hon'ble High Court of Madhya Pradesh, Indore Bench in the said winding up petition and appointed provisional liquidator vide order dated 07.04.2015.;


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