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2015 Supreme(Mad) 2747

V.RAMASUBRAMANIAN, K.K.SASIDHARAN
Helios and Matheson Information Technology Ltd. , rep. by its Authorized Signatory Mr. D. Sathasivam – Appellant
Versus
State rep. by the Deputy Superintendent of Police – Respondent


Advocates:
Advocate Appeared:
For Appellant - Mr.P.S.Raman Sr.Counsel for Mr.Vaibhav R.Venkatesh.

JUDGMENT :

V.RAMASUBRAMANIAN, J.

This writ appeal arises out of an order passed by the learned single Judge dismissing a writ petition filed by the appellant, praying for a declaration that a First Information Report registered against them in Crime No.5/2015 on the file of the Economic Offences Wing of the City Police was without jurisdiction.

2. Heard Mr.P.S.Raman, learned Senior Counsel for the appellant.

PRELUDE

3. It appears that the appellant herein was originally incorporated as a Public Limited Company under the name and style of "Express Financial Limited", having its office at T.Nagar, Chennai. It was incorporated under the Companies Act, 1956 on 8.3.1991. Subsequently, the name of the company was changed to its present form namely "Helios and Matheson Information Technology Limited", with effect from 29.4.1999.

4. Even according to the appellant, they were accepting deposits from the public as well as the shareholders for over 10 years, in terms of Section 58-A of the Companies Act, 1956 and that they were very prompt in repayment.

5. But after the replacement of The Companies Act, 1956 by the Companies Act, 2013, a new set of provisions from Sections 73 to 76 in Chapter V deal














































































































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