APPLICATION IN CASE OF OPPRESSION & MISMANAGEMENT (SECTION 241):

Any member, who has right to apply under Section 244, may apply to the Tribunal under this Section 241.

An application may be filed for a complaint that:

(a) The affairs of the company have been or are being conducted

in a manner prejudicial to the public interest, or

In an manner prejudicial or oppressive to him or any other member or members, or

In a manner prejudicial to the interests of the company; or

(b) The material change has taken place in the management or control of the company, whether by;

An alteration in the Board of Directors, or

Manager, or

In the ownership of the company’s share, or

If it has no share capital, in its membership, or

In any other manner whatsoever, and

that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to its interests or its members or any class of members. These changes should not be a change brought about by, or in the interests of, any creditors, including debenture holders or any class of shareholders of the company.

That apart you can lodge complaint with the Police also under various sections IPC as well.

1) file police complaint against the director fir criminal breach of trust and cheating under section 406, 420of IPC

2) issue director legal notice to return Rs 5 lakhs misappropriated from company account

3) company should sue the director to recover the funds

Hello,

For such criminal act of the director lodge a police complaint against the director for criminal breach of trust, cheating etc.

Issue a legal notice to the said person for recovery of the amount

File a civil case against the director on behalf of the company for recovery of the losses

Move a criminal complaint against this Director for he is responsible for committing a criminal offence, and liable to be booked for committing several offences in terms of the Indian Penal Code.

If your FIR is not lodged, you may write to the concerned SP and SSP.

Also, send him a legal notice in the instant matter and seek recovery/compensation in lieu of the loss caused to you.

Hi,

1 please collect the payment proof of the invoice and the payment detail from the client.

2. The detail of PAN card and Aadhar card is easily accessible particularly the PAN card and all the details regarding the address and all will be available from the PAN card records.

3. Even if he is not living in the country I believe he has not permanent residency in the country he is living in you may send a legal notice to his permanent address in India and the copy to his email ids for the information and let him inform why a legal action cannot be initiated against him for the crime cities in India.

4. Give insufficient time to answer the legal notice and clearly state that in case of failure we need to file a criminal complaint against him and all the expenses for the legal litigation will be borne by him.

5. If he fails to give reply to the notice or it is not satisfactory you may file a complaint petition in the court of chief judicial magistrate under section 420 406 of IPC.

Hello sir , it is advisable him a legal notice on his permanent address of Mumbai asking to return the amount ..As it is case of cheating and forgery which are serious and non-bailabe offences , you should file aFIR against him in Bangalore .. He will be having a criminal record , and will be declared as a proclaimed offender If he do not join the proceedings .. The court has the power to attach the property of the offender to recover the amount

Dear Client,

It a clear case fraud ( Wrongful gain ) which is punishable for imprisonment upto 10 years and fine not less than the amount involved which extend to 3 time u/s 447.

Also, u/s 143 (12) of the Act as “ if an auditor of a company, in the course of the performance of his duties as auditor, has reason to believe that an offence involving fraud is being or has been committed against the company by officers or employees of the company, he shall immediately report the matter to the Central Government within such time and in such manner as prescribed under the Companies (Audit & Auditors), Rules , 2014.” Section 143 (13).

But as the amount is less than 1 crore so the procedure will follow given below-

Provides that in case of fraud involving an amount less than Rs. 1 Crore, the auditor shall report the matter of fraud to the Audit Committee or to the Board within 2 days of his knowledge of the fraud.

The report should specify the nature of the fraud with description, approximate amount of the fraud and parties involved in the fraud.

In such case, as per Sub-rule (4), the Board shall disclose in its report (Board’s Report) the nature of fraud with description, approximate amount of the fraud, parties involved in the fraud and remedial action taken.

Name of parties should be disclosed only when the Board or Audit Committee has not taken any remedial action against the fraud.

Inform the auditor and if he failed to comply with legal provisional of the Act, than he will liable for his failure under separate provision.

legal fees vary depending upon lawyer engaged by you

2)further court fees vary depending upon court fees act of your state

The fee would largely depend upon the lawyer you engage, in addition to which you will also have to pay the court fee (the same varies from state to state).

Regards

The fee would vary from lawyer to lawyer.

It is advisable you check with the respective criminal lawyers in the City where this case is proposed to be filed.

Sir, You can initiate both criminal / civil suit against him.

1. This is the act of forgery, cheating, criminal breach of trust, criminal conspiracy punishable under IPC / Cyber laws. So, you need to lodge FIR against him and get arrest warrant from the court.

2. You can name his bank account details in the suit and you can pray for freeze of his bank accounts.

3. You can get his Australia address ( residential / office ) from external affairs ministry by submitting his PAN/Aadhar details. There is legal officer available with Indian embassy in Australia can communicate with him about the legal proceeding in India.

4. By parallel, You can write to Indian embassy to freeze his passport.

5. You can generate POA for any of your advocate to deal all these proceedings.

6. You are also can file summary suit against him. We can get court decree to recover entire outstanding ( principal + interest + advocate fee + court fee ) from him in less than a year time. we shall negotiate on the professional fee during discussion.

... etc.,

if you wish to initiate any legal action agaisnt this fraudster, you may have to lodge a criminal complaint against him for the offences of misappropriation of funds, embezzlement, fraudulence act, breach of trust etc with the local police where your company is located.

His phone number and other details may be given to police, no doubt you cannot get any relief immediately, but this, if known to him will send him fears and he may come down for talks.

You can engage the services of a local lawyer

What would be approximate fees+costs for entire case? I'd like to get a fair assessment.

You can engage an advocate and enquire the costs and his terms