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The petitioner company (Crl.M.C.4284/2016) had received deposits from certain investors at large, the value of the outstanding liability on such account at the time of commencement of the Companies Act,
...2013 having been assessed to be in the sum of Rs.6,03,06,73,000/-, the number of depositors statedly being 56,436.The relevant provisions of the Companies Act, 2013 came into for cew.e.f. 6th June, 2014. Under the new dispensation, by virtue of the legislative command in Section 74(1), the company was obliged to repay the said amounts within the period prescribed, it being indicated in the original enactment to be one year, from the date of commencement of the new law or from the date on which the payments were to fall due, whichever was earlier, the said period prescribed in Section 74(1) (b) having been later revised and modified to three years in terms of the Companies (Amendment) Act, 2017. The law, however, would permit a company under the statutory liability to seek enlargement of time for discharge of liability to pay by making an application before National Company Law Tribunal (“the tribunal”)under Section 74(2). The default in payment of the requisite amounts either within the statutorily prescribed period or by close of the extended time allowed by the tribunal attracts penal clause contained in Section 74(3) of the Companies Act, 2013.
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