Unsecured loan given to company director (relative)
This query is : Resolved
24 April 2017
Hi,
I have given Rs200000/- unsecured loan to a pvt. limited. company (one of my relatives (brother)) in 2012 at an interest of 18% per annum ( applicable for deposits) which is duly acknowledged in the balance sheets of the company till date (Principal Amount only). In the balance sheet documents it is mentioned under "unsecured loans". But I don't have any document for the interest committed by the directors. Now, the directors of the company are not paying the interest. They are even denying the payment of Principal amount on account of financial position of company although directors are drawing a salary of Rs100000/- per month which is also mentioned in the balance sheets filed with MOC. The loan given by me is still acknowledged in the balance sheet filed with MOC i.e. FY 15-16. I want to know what are the legal remedies I can exercise to recover my loan amount?
I have given Rs200000/- unsecured loan to a pvt. limited. company (one of my relatives (brother)) in 2012 at an interest of 18% per annum ( applicable for deposits) which is duly acknowledged in the balance sheets of the company till date (Principal Amount only). In the balance sheet documents it is mentioned under "unsecured loans". But I don't have any document for the interest committed by the directors. Now, the directors of the company are not paying the interest. They are even denying the payment of Principal amount on account of financial position of company although directors are drawing a salary of Rs100000/- per month which is also mentioned in the balance sheets filed with MOC. The loan given by me is still acknowledged in the balance sheet filed with MOC i.e. FY 15-16. I want to know what are the legal remedies I can exercise to recover my loan amount?
CA.Sourabh Sethia
(Expert)
25 April 2017
you can file case for recovery but for interest there needs to be an agreement otherwise interest can be claimed at the prevailing rate of bank
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