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2024 Supreme(MP) 351

VIVEK RUSIA, RAJENDRA KUMAR VANI
Sunshine Infrabuild Corporation Ltd. – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nitin Agrawal
For the Respondent:Ajay Kumar Nirankari, Government Advocate

ORDER

Per: Justice Vivek Rusia

1. Appellant has filed this appeal under section 11 of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000, against the order dt.5.9.2011 (Annexure A/1) passed by the District Judge, Bhind, in MCC No.30/2011, whereby order of interim attachment dt.30.7.2011 has been made absolute.

2. Facts of the case, in short, are as follows:

(i) The appellant is a company registered under the Companies Act, 1956, on September 24, 2008, after issuance of certificate of incorporation by Registrar of Companies, Delhi and Haryana. After the change of name of the company, a fresh certificate dated May 26, 2010 was issued. The company is engaged in the business of real estate development, infrastructure development, real estate promotion, engineering work, etc. Apart from doing the aforesaid work, under the Memorandum of Association and Article of Association, the Board of Directors of the Company approved the proposal to raise funds by launching the fixed deposit schemes under section 58A of the Companies Act. The company issued an advertisement in the English and local newspapers inviting investors to deposit the money in the form of fixed deposit. The co

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