Terms of contract are sacrosanct 

2) refund of your money is as per mutual agreement 

3) further if company is incurring g loss it  is not liable to repay loan 

You would not get refund of your money as per terms of the agreement 

Filing of suit would be futile exercise 

you may not get any refund of money 

As you are bound by the contract you have signed, I suggest you ask your directors (on personal level) to decide on the return of loan amount and time. Once you have decided the same, pass a board resolution to that effect. As per the agreement, both company and you can mutually decide the amount and return time of the loan amount.

Once, everything is in writing, you’ll have better right to claim your unsecured loan.

In the first place your question  is not long at all. Now the answer is you have no means to recover you loan. Even God cannot recover from a person/entity who/which does not have anything. Leave it to debtor, when he pays take it, no means to recover.

Since your agreement states tht you can get back your loan amount if the company is not performing well or goes in loss/bankrupt etc.

You may ask the company to return the loan amount as per the agreement.

The agreement is an evidence for the receipt of money by the company hence you may even contemplate to resort to legal process if the company is not returning the amount it had obtained from you.

The agreement copy, even if it is entered into by an unregistered document, is valid especially if it clearly evidences the receipt o amount from you.

You can first issue a legal demand notice demanding the return of the amount you offered/invested. 

Let them give a reply with whatever reason they may rely upon.

You can then approach court of law to recover the amount by filing a money recovery suit. 

You are repeating the same question in different manners.

You were advised to file a money recovery suit if the company is refusing to return the amount you had given them either by loan or for investment purpose.

The agreement copy available with you would be sufficient to file money recovery suit

this is going to be a difficult case

it is quite evident from the digitally signed so called 'loan agreement' that is not a loan agreement but an investment agreement since there is no rate of interest mentioned nor is the period of repayment specified 

in such a scenario you will have to file a declaratory suit against the company that the digitally signed loan agreement is not binding on you and for a declaration that there was a parallel and actual loan agreement which was verbally agreed between the company and you and that such latter agreement is binding on the company

so you will have to prove the verbal loan agreement 

Dear Sir,

1) In such a case if you have signed an agreement, that specifically states that if company goes into loss they are not liable to pay, you will be bound by terms of such agreement.

2) You will have to try and get a mutual agreement for return of your investment in writing to file a suit that will actually be fruitful.

3) If you file a suit now it will not be fruitful as the terms of the contract are very clear in regards to mutual decision as requirement and no return on loss.

Thank you

- The general law of contract is based on the conception, which the parties have, by an agreement, created legal rights and obligations, which are purely personal in their nature and are only enforceable by action against the party in default.

- Since, there is no default by other party in your case , then legally you are bond with the terms of the agreement dully entered by you with the clause that if the company goes in loss and goes bankrupt/shutdown, the directors are not liable to Repay the loan

- Hence, you cannot claim that loan amount from a company which has lost its business and you was also one of the Director therein . 

- Further , you have no ground to file a court case against your losses for which you was also accountable. 

- However, you can recover your losses after selling the fixed assets of the company . 

DO NOT TELL WHAT I HAVE TO DO

WHAT YOU ALLEGE AS UNETHICAL AND IMMORAL, YOU ARE YOURSELF GUILTY OF

YOU ENTER INTO A LOAN AGREEMENT WITH THE ACTUAL INTENTION OF MAKING AN INVESTMENT AND EARNING PROFITS

AND ACCORDING TO YOU THAT IS NOT UNETHICAL AND IMMORAL???!!!!

DO NOT GIVE LECTURES ABOUT MORALITY AND ETHICS WHEN YOU YOURSELF IS DRENCHED IN IMMORALITY AND UNETHICAL PRACTICES INASMUCH AS YOU EXECUTE INVESTMENT AGREEMENTS TO MAKE PROFITS UNDER THE GARB AND CLOAK OF LOAN AGREEMENTS!!!

CARE LEAST ABOUT YOUR RATINGS

HENCEFORTH REFRAIN FROM WRITING ANY COMMENTS IN MY PERSONAL BOX

This loan was actually a form of investment, and I was not expecting return of the amount. 

Now, as the company has not been able to make business, In what way can I try to take my money back?

--------------------------------------------------------------------------------------

I WARN YOU AGAIN AGAINST WRITING ANY COMMENTS 

LOOK AT YOUR QUESTION AND PARTICULARLY THE ABOVE STATEMENTS 

YOU GIVE SOME MONEY TO THE COMPANY AS AN INVESTMENT TO EARN INCOME FROM IT AND HIDE IT UNDER THE GARB OF A LOAN AGREEMENT

WHAT KIND OF HIPPOCRACY IS THAT???

AND THEN YOU ALLEGE THAT I AM PROPAGATING UNETHICAL THINGS??

HOW DARE YOU?? HOW DID YOU EVEN COME TO THE CONCLUSION THAT I AM PROPAGATING UNETHICAL PRACTICES? 

IF YOU YOURSELF SAY THAT THE MONEY WAS GIVEN AS AN INVESTMENT [WHICH WAS THE TRUE AND ACTUAL TRANSACTION] AND NOT AS A LOAN, IN THAT CONTEXT, I HAD RESPONDED AS BELOW:

in such a scenario you will have to file a declaratory suit against the company that the digitally signed loan agreement is not binding on you and for a declaration that there was a parallel and actual 'investment' agreement which was verbally agreed between the company and you and that such latter agreement is binding on the company

so you will have to prove the verbal 'investment' agreement 

[P.S. the word in bold is not there in original response, since by error, the word 'loan' was written there]

THE ABOVE RESPONSE IS ONLY GIVING YOU A PROBABLE OPTION TO RECOVER THE MONEY. IT CAN BY NO MEANS BE CONSTRUED AS ASKING THE PERSON TO DO SOMETHING ILLEGAL. SO PRACTICE SOME RESTRAIN BEFORE WRITING COMMENTS. 

COMING TO COMMENTING ON OPEN DOMAIN - THE QUERIST IS GIVEN AN OPTION TO MARK ALL THE REPLIES TO HIS QUERY AS HIDDEN, SUCH THAT ONLY HE CAN READ THOSE RESPONSES AND NOT OTHERS. SO NOTHING STOPS YOU FROM TICKING ON THAT OPTION IF YOU ARE SO WORRIED ABOUT 'COMMENTS MADE AGAINST YOU ON AN OPEN DOMAIN'. YOUR QUERY ITSELF EXPOSES YOU. YOU GIVE MONEY AS INVESTMENT FOR EARNING PROFITS, HIDE THAT TRANSACTION BY SIGNING A LOAN AGREEMENT AND THEN WHEN THE COMPANY COLLAPSES YOU SEEK 'LEGAL' OPTIONS TO RECOVER THAT MONEY!!! 

ADMIN - CAN YOU PLEASE PERMANENTLY BAN THIS PERSON FROM POSTING QUERIES ON THIS PLATFORM! IF THAT IS NOT POSSIBLE, KINDLY SEE IF THERE IS ANY OPTION THAT I DO NOT SEE THIS PERSON'S QUERY ON MY PROFILE PAGE ANYMORE.