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NATIONAL COMPANY LAW TRIBUNAL
Praveen Gupta, Judicial Member, Ashish Verma, Technical Member
Nidhi Agarwal – Appellant
Versus
Shivam Traders and Hire Purchase Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's deposit claim and demands against nbfc. (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 sur-rejoinder: no written terms, 9-year repayment. (Para 8) |
| 5. limitation extended by acknowledgments and covid order. (Para 11 , 12 , 13 , 14 , 15) |
| 6. unsecured loans qualify as deposits under rbi act. (Para 16 , 17 , 18 , 19 , 20) |
| 7. oral agreements valid; repayable on demand absent written terms. (Para 21 , 22) |
| 8. alleged similar agreements invalid due to conflicts. (Para 23 , 24 , 25 , 26) |
| 9. direct repayment under section 45qa(2) after reconciliation. (Para 27 , 28) |
ORDER
1. The present petition has been filed by Nidhi Agarwal (hereinafter referred to as the ‘Petitioner’) against Shivam Traders and Hire and Purchase Private Limited (hereinafter referred to as the ‘Respondent/Respondent Company’) on 29.09.2024, under Section 45QA of the Reserve Bank of India Act, 1934 (hereinafter referred to as the “RBI Act”) read with Rule 65 of NCLT Rules, 2016 (hereinafter referred to as ‘NCLT Rules’), on account of the Respondent
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