Dispute among directors
2 years ago
A,B and C formed together and incorporated a company called ABC Food services private limited on 16/03/2021 in which A,B and C are directors having share holding of 35%,35% and 30% respectively.
(Actually this business idea was given by C. A liked C's business idea. So all the three incorporated the company. Before incorporation itself C told A and B that he doesn't have funds so he cannot make any investment in the company. C will only implement business idea and take share in profit@30% but this point was made orally, no written documents were made.)
Business was not doing good. Ratings and reviews of the restaurant were dropped drastically. Last 20 days (i.e., from 11-05-2021) there is no proper intimation to the C about how the business is going on and even Last 2 months business was managed by A and B including recruitment of staff.
On 31/05/2021 A,B and D (B's friend) rushed to the home of C with stamp papers and said there is 12lakhs loss and you had to pay me.
D told finally by making sign on the emergency to pay 4lakhs and quit from business.D even tried to manhandle C. By forcefully A, B and D made C to sign the promissory note containing for 4lakh rupees which will be valid till the agreement to be done in the court. They planning to make an agreement like B will apply loan from C's end and after approval B will take that loan amount and C had to repay the loan.
The company was registered in ROC - Hyderabad.
C wanted to continue legally but as he being a minority shareholder and with their threating C left Hyderabad and went to his hometown @2 am in cab on 01-06-2021. While in journey he filed an online petition on B describing the facts of the case by naming the petition as Exortion.
On 01-06-2021 in the evening A and B gave complaint in the hyderabad police station. Facts of the complaint were not known. Police SI called C but he didn't pickup call. SI messaged C that if C did not pick the call FIR will be registered against C.
Now how C can proceed legally?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
It is a civil dispute and no criminal case can be filed.
There are three options for C as per the circumstances. If at all the case proceedings start against C, then he can file for quashing the petition before HC as per S.482 CrPC. Alternatively, if the case has not reached such a stage then he can send his complaint to any Senior Police officer through a written letter as per S.154(3) CrPC.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
C can lodge an FIR u/S 154 of CrPC but if they do not register it then the recourse available is to submit the FIR u/S 154(3) to a Senior Police Officer in writing or rgistered post. Alternatively if the case has reached the Magistrate's court, then C can file a quash petition u/S 482 CrPC.
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My suggestion would be not to take any loan or debt on personal name and put in the company as that would mean disaster. Whenever there is disharmony it is always better to walk out than to put more money and loos out peace of mind.
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