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NATIONAL COMPANY LAW TRIBUNAL
Praveen Gupta, Judicial Member, Ashish Verma, Technical Member
Anurag Agarwal – Appellant
Versus
Shivam Traders and Hire Purchase Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's deposit details and demands undisputed. (Para 1 , 2 , 3 , 4 , 5 , 10) |
| 2. respondent denies: time-barred, no agreement, family dispute. (Para 6) |
| 3. petitioner counters: covid extension, acknowledgments extend limitation. (Para 7) |
| 4. respondent: no written terms, 9-year repayment implied. (Para 8) |
| 5. court summarizes parties' contentions on limitation and default. (Para 11 , 12) |
| 6. limitation extended by acknowledgments and covid order. (Para 13 , 14 , 15) |
| 7. section 45qa applies to unsecured loans as deposits sans written agreement. (Para 16 , 17 , 18 , 19) |
| 8. oral agreements valid; repayable on demand absent written terms. (Para 20 , 21 , 22) |
| 9. similar agreements invalid due to conflicts; receipt undisputed. (Para 23 , 24 , 25) |
| 10. direct repayment under 45qa(2) after reconciliation. (Para 26 , 27) |
ALLAHABAD BENCH, PRAYAGRAJ (An application filed under Section 45QA of the Reserve Bank of India Act, 1934 read with rule 73 of the NCLT Rules, 2016.)
IN THE MATTER OF: ANURAG AGARWAL
22/ 44, Old Vijay Nagar Colony, Agra, U.P.-282004.
…………Applicant Versus SHIVAM TRADERS AND HIRE PURCHASE PVT. LTD.
83, Old Vijay Nagar Colony, Agra, U.P.-282004.
...............Respondent
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