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Goapl Garg   16 June 2015 at 22:38

Sarfaesi act = notice u/s 13(2) & 13(4)

I have allowed my flat under mortgage towrads credit limit to my brother"s pvt ltd company and it is clearly mentioned in the sanction letter that my liability shall remain restricted to the value of my property under mortgage,i.e. the flat.My brother met an accidental death and his company turned into bad condition and his loan account has become NPA with liability of about 4.00 crore.

The bank has issued notice u/s 13(2) to the company and to myself as guarantor asking for payment of 4.00 crore.I objected thru my letter that I am not liable for the total outstanding but to the extent of value of my flat.Bank did not answer.Recently the Bank has pasted a notice on the wall of my flat u/s 13(4) and delivered notice to one of the resident of the society and made paper publication with the same amount.I again strongly objected in the same manner as earlier and as time for filing SA u/s 17 was nearing without any response from Bank, I had to file SA, had to pay Rs.1.00 as Filing Fees , on the same ground and submitted that the both the notice were bad as they have been issued to me asking the full outstanding instead of the property value as clearly mentioned in the sanction letter.Now the bank has issued one letter to me (after filing SA) that they agree that I am only liable for the value of my flat and hence I should pay Rs.1.20 crore(the Fair Market Value assessed by two valuers without my knowledge at all).I disagree with the valuation.It should be at least 30-40% less by going market rates in the area.
Kindly advise
(01) whether the Bank is right in doing so what it has done?
(02) what will be fate of my SA?
(03) what should I do under these circumstances?

I do have advocate who is looking after my case and I do respect him and his action who opines to wait for the disposal of SA.I approach this forum for opinions as this forum has seasned experts and their advice/opinion will reassure me and I shall have more mental peace and assurance.Please do help., Regards and thanks in advance.

Faiyaz Khalid   13 June 2015 at 19:19

Security agency licence in U.P.

I want to know the procedure of obtaining security agency licence. I've heard the security industry authority is situated in Lucknow but don't know the procedure! Kindly reply me in detail.

Advocate Ravinder   13 June 2015 at 11:02

Transfer of land to the company

Mr. X, his wife Y and his friend Z are the directors in a private limited company, X has 50% share, Y has 20% share and Z has 30% share in the company. Now Mr. X wants to transfer his personal immovable property i.e. open land of Ac. 3.00 gts in Telangana state (Non Agriculture) in favour of the company. Mr.X wants to put the property as stock in trade. Mr. X intention is to avoid Registration charges. Is there any method to transfer his land into the company name. I came to know that simple letter stating that Mr.X is handing over the possession by way of stock in trade is enough. Is it correct. Or is there any other way to avoid egistration/development charges. I request my learned friends opinion.

asrai   09 June 2015 at 16:43

Registration of a comapny

Dear Learned Members, please guide me on the following issue: We are planning to float a new Software Development Pvt. Ltd. Company with 2 Directors (they will be the Shareholders as well) with a Share Capital of Rs.1.00 lac. One of the Director/Shareholder is a NRI. Please let us what is the amount he can invest as Share Capital, whether there is any ceiling to it and whether he can get this amount through Automatic Route. Thanks in advance for the support.

Sanjay Kulkarni   08 June 2015 at 22:53

Liability of banker for wrongful remittance

Dear Friends,
I had given certain amount to my bankers for making NEFT to an account in a different bank. While filling the challan account number and name of party is written correctly on counterfoil, but in the other part of the challan (bankers copy)only last digit of the account number is missing, though the name is correct. The receiving bank has credited the amount to a third party apart from the payee. The payee bank is not giving the name of the account where the money is credited.

Please inform what remedy I have? and against which bank? My banker informed me after two days that the payee bank has wrongfully credited a different account, but did not initiate correspondence for almost a month.

Thanking you,

CA Shraddha Vora   08 June 2015 at 17:45

Will consolidation be applicable to smc companies ?

Section 129(3) mandates consolidation for all companies (including SMCs) subject to Rule 6 of Companies (Accounts) Rules, 2014, whose proviso states that
“in case of a company covered under sub-section (3) of section 129 which is not required to prepare consolidated financial statements under the Accounting Standards, it shall be sufficient if the company complies with provisions on consolidated financial statements provided in Schedule III of the Act.”
AS 21 is not applicable to SMCs.
In light of the above, kindly clarify whether consolidation would be applicable in case of SMCs, having regard to the exemption provided under the Rules.

kaushal   07 June 2015 at 22:55

Unregistered partnership firm

sir
whether the registration of proprietorship firm is necessary .
suit can be filed by the partner of partnership firm with his name or it will be filed with the name of partnership firm .
weather the registration of partnership firm is necessary or not.

if suit is filed in the name of partnership in a partnershp firm than what wil be the face of the case.

in a partnership firm if suit is fled in the name of partner at the place of partnership firm than what wil be the face of the case

ibrazahmed   05 June 2015 at 23:10

Leaves

Dear Experts,

I am working in a software limited company.Company is in noida but i think jurisdiction is in delhi.

1.I would like to know the basic leaves allowed in a year as per the law.

2.We are allowed to go out of office twice for 10 minutes each break if we exceed it our salary gets deducted.

3.Earlier I was allowed 45 mins to go out and offer friday namaz but all of a sudden they have marked it as a half day leave when I asked the Hr they said we have dissolved that policy without any notice.

4.I am under a bond and its a one way bond I mean in every condition i will be paying the company even if they fire me.

Plz advise with related acts.

Kathiravan Chinnadurai   05 June 2015 at 14:30

Re: practicing company law

Hi,
Myself Kathiravan i'm persuing 3 years LLB at Venkateswara university, Tirupati. Now i'm in final year. After completing my course i would like to practice on company law. Kindly guide me what are the steps i have to do and is there any additional courses available to specialise in this particular field. What is the scope of Company law.

please help me in this regard.

Regards,
C. Kathiravan
Mobile No: 9176735989

Chandrasen Upadhyay   04 June 2015 at 14:36

Sec 138 of the negotiable instrument act

Dear Experts,

May I request you please throw clarity on filing of the cases U/s 138 of the Negotiable Instrument Act?

As per latest verdict of the Hon'ble supreme court a complaint has to be filed in the jurisdiction where the accused's /cheque drawer's bank branch is situated and because of this verdict lot many matters transferred from one city/ state to another city/ state.

Please advice on the present status. Regards