High CourtsDivision Bench(2020) 01 PAT CK 0088

Shobha Sharma And Ors @APPELLANT Hash Union Of India And Ors

Patna High Court · Decided on 6 January 2020

HON’BLE JUDGES
Sanjay Karol, Cj · Anil Kumar Upadhyay, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 18112 Of 2018

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Judgment

20 paragraphs · 351 words

The petition filed on 07.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have prayed for the following relief/s:

“(i) That the petitioners pray to the Hon’ble High Court to direct respondents to release / refund Public Money which has been taken /

deposited in various scheme under Respondent Company (Alchemist Group of Company) as per guarantee / insurance given through their respective

maturity as same will be refunded which has already been expired.

(ii) For that to protect Public savings in the hands of a corporate body in exercise of power conferred by Section 58A of the Companies Act, 1956 and

the Central Government made the company (Acceptance of deposits) Rule 1975 imposing inter alia restrictions on interest rate and on borrowing

above 25% of net worth of company from public deposits.

(iii) For that petitioners further pray to protect the public money in hands of corporate company by adopting 117A, 117B and 117C Section of

Company Act, 1956 and for that Parliament has made/imposed certain restrictions in the matter of securing deposits by issuance of debentures.â€​

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the

concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from

today.

Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and

positively within a period of three months from the date of receipt thereof.

Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same

shall be dealt with, in accordance with law and with reasonable dispatch.

The petition stands disposed of in the aforesaid terms.