Companies Act, 1956
Sec 117C
- Liability of company to create security and debenture
redemption reserve
(1) Where a company issues debentures after
the commencement of this Act, it shall create a debenture redemption reserve
for the redemption of such debentures, to which adequate amounts shall be
credited, from out of its profits every year until such debentures are
redeemed.
(2) The amounts credited to the debenture
redemption reserve shall not be utilized by the company except for the purpose
aforesaid.
(3) The company referred to in sub-section (1)
shall pay interest and redeem the debentures in accordance with the terms and
conditions of their issue.
(4) Where a company fails to redeem the
debentures on the date of maturity, the Company Law Board may, on the
application of any or all the holders of debentures shall, after hearing the
parties concerned, direct, by order, the company to redeem the debentures
forthwith by the payment of principal and interest due thereon.
(5) If default is made in complying with the
order of the Company Law Board under sub-section (4), every officer of the
company who is in default, shall be punishable with imprisonment which
may extend to three years and shall also be liable to a fine of not less than
five hundred rupees for every day during which such default continues.