02 June 2020
Sir/Ma'am I live in ghaziabad uttar pradesh . I invested in a pvt ltd company in may 2019 based in Tamil nadu as a shareholder having 49% equity in that company. I have all the documents of two directors who are husband and wife having 51% equity and both are directors . At the time of getting share certificate for the same , He also gave me well endorsed (signed and stamped with company ) cheque (post dated to may 2020) worth total sum i paid against shares. As time went on, I as a shareholder kept askign him on monthly basis about what and hows business going on? but he didn't respond me satisfactorily. Later he himself told me to get separated on good note from company , I suddenly agreed without thinking . As per our shareholder agreement (If either of the shareholders desire at any time to sell the whole or part of their shares of the company, the share holder first offer such shares in writing to other shareholder . If other party does not accepting within 90 DAYS , then first party will be at the liberty to sell the shares to any other person at the same price and the same conditions) and also stated in agreement( Shareholder will be entitled to interest at the rate of 18% per annum on the sums brought in by him or his associates/concerns/businesses) .He told me he would forward the refund request to his CA. I sent him mail regarding refund and after 90 days approx, i asked him about refund , he said he is searching for another investor , I was unable to understand what happened to request made to CA by him , why should i suffer? if he is not able to find another investor, He didn't conducted any AGM and even not provided me audit report .Still i gave him some more time BUT as time progressed, he stopped responding . I used to interact over whatsapp and sometimes email .He is also not responding over repeated email/whatsapp from my side. The final thing is that I have with me , the cheque dated 5 may 2020(3 months validity) , share certificate and company docs, id proofs of owner, passport copy .
Q- He also issued me SECURITY CHEQUE with same amount i paid subscribing equity shares. CAN I GO TO BANK TO ENCASH THE CHEQUE IF CEO / DIRECTORS NOT RESPONDING TO GET MY INVESTED MONEY BACK.
Q - AS i have only 2 months remaining to use cheque. What should i Do?
Q- Can company sue me under COMPANIES ACT 2013 on ANY grounds merely for using SECURITY CHEQUE.( AS company) ITSELF NOT RESPONDING ME
Q- Is MCA investor service effective for startup company
Q- As a new and beginner investor ,,,,what should i do get money back without getting into much legality
CAclubindia
