SEBI and Corporate Laws – July 15, 2019

(C. Jardin) #1

210 SEBI & Corporate Laws - Reports [Vol. 154






Therefore,
the
Applicant
states
that
the
overall
loss
to
the
lenders
aggre
gates -
to
approx.
Rs.
1 , 344. 32
lakhs
which
includes
Rs.
490. 93
lakhs
+
Rs.
853. 39
lakhs^
as
stated
above.





It
has
also
been
brought
to
my
notice
that
certain
fraudulent
transactions
with^
related
parties
(Respondent
Nos.
5
&
6
being
HUF
of
Respondent
Nos.
1
&^
2
respectively)
have
taken
place.

21.1


Transactions
with
Respondent
No.
5 :
On
evaluation
of
ledger
ac
counts, -
multiple
adjustment
entries
in
the
form
of
Journal
Voucher
Entries^
(JV’s)
are
passed
adjusting
receivables
against
payables/loan
payables,^
purchases
adjusted
by
transferring
the
payable
amount
to
the
loan^
account
of
Respondent
Nos.
5
&
6.
(Rs.
in
Lakhs)

Sl.
No.

Name Inflow Outflow Net Outflow
from Corpo-
1 Siddhivinayak rate Debtor^
Silk
Mills
(hereinafter
as^
P^ ur“cShidadseh:ivinayak”)^ Sales:^ Rs.^97 lakhs^
Rs. 1 ,^048 lakhs

128. 891 , 063. 04934. 14

2 Balaji Synthetics (hereinafter as “Bala-
ji”) Sales: Rs. 276 Lakhs Purchase: Rs.
545 Lakhs






      1. 26






Total 1 , 284 , 40

a.


The
Applicant
states
that
the
Corporate
Debtor
has
received
loans
of^
Approx.
Rs.
102. 32
Lakhs
from
Siddhivinayak.
Out
of
the
total
loans^
received,
only
Rs.
0. 75
lakhs
was
the
actual
inflow
of
money
which^
could
be
traced
in
the
Bank
statements,
remaining
Rs.
101. 57
lakhs^
were
adjustment
entries
(JV)
passed
in
the
books
of
account
(Loan^
account
of
Siddhivinayak
was
credited
and
ledger
accounts
of^
Sunil
Kathuria,
Sohail
Kathuria,
Sunita
Kathuria,
Sakshi
Kathuria
and^
Sales/Purchase
ledgers
of
Siddhivinyank
were
debited.)

b.


Loans
were
repaid
by
the
Corporate
Debtor
to
Siddhivinayak
amounting^
to
Rs.
102. 32
Lakhs.
Out
of
the
total
loans
repaid,
only
Rs.^
0. 33
Lakhs
was
actual
outflow
of
money
which
could
be
traced
in^
the
bank
statements,
remaining
Rs.
101. 99
Lakhs
were
shown
as
repaid^
by
passing
adjustment
entries.
(Loan
account
of
Siddhivinayak
was^
debited
and
ledger
accounts
of
Sunil
Kathuria,
Sohail
Kathuria,
Sunita^
Kathuria,
Sakshi
Kathuria,
Siddhivinayak,
K.D.
Fabrics
and
Amar^
Fab
(Andheri)
were
credited).

c.


Debtors
account
of
Respondent
No.
5
was
settled
by
passing
two
journal^
entries,
one
crediting
the
creditors
ledger
of
Siddhivinayak
with^
approx.
Rs.
31
lakhs
and
one
crediting
the
loan
account
of
Siddhivinayak^
with
approx.
Rs.
20
lakhs
reducing
the
balance
to
Nil

in
all
the
three
ledger
accounts.
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