sujit
24 November 2013 at 20:41
in case of a proprietorship firm a single proprietor can sign the cheques and now he wants to add an authorised signatory (his relative)to the current account .The bank said that a power of attorney will have to be executed .
Can any of the employees be the witness for the power of attorney and can the office address be mentioned as the address of the witness.
what are the liabilities of a witness ,the witness knows both the parties to the power of attorney and both the parties have signed in the presence of the witness
shyam
23 November 2013 at 22:05
sir,
i have participated in APSRTC tender and i was the successful tenderer to an bus depot canteen, then agreement papers were signed.
1. i have paid the advance amount to the APSRTC which was monthly rent x 7months rent = advance.
2. then i have started my canteen at abc bus depot.
3. in APSRTC for every stalls/shop separate business will be allotted, by seeing this i have participated in the tender.
4. when i started my canteen business i noticed my neighboring APSRTC stalls/shops are doing my allotted business in front of their stalls/shops, then i have given a oral complaint to the controller, he will at the same depot.
5. he has not taken any further steps for removal of unlawful business.
6. my canteen was running in loss because neighboring APSRTC stalls/shops are running tea stall, tiffins etc.. in front of their stalls/shops .
7. even though i was in loss i paid the monthly rent to APSRTC for about 5months and closed the canteen.
8. NEXT i stop paying rent because i was totally loss, i was regularly giving oral complaint to the controller of APSRTC.
9. i have not paid the monthly rent to APSRTC for about 4months.
10.then i have given a written complaint to regional manager of concerned department, i went to give the manually written complaint to depot manager they refused to take the complaint, dated 1.
11. there was no reply and no response from the R.M then after 18days i have given a written complaint to R.M. and on the same day i have send a complaint letter though by registered post to D.M.
12. EVEN today no response to the complaint notice.
14. NOW i came to know that again tender notification was made to my stall/shop. that too without giving any cancellation notice to me.
15. sir can i go for court for filing a suit, weather i will get a justice.
16. sir iam ATTESTING the agreement copy which was between me and APSRTC.
================================================================================================================================ ANDHAR PRADESH STATE ROAD TRANSPORT CORPORATION DEED OF LICENCE
1. This deed of License is entered into on this the BETWEEN This Andhra Pradesh Transport Corporation established Under section 3 and 5 of Road Transport Corporation Act, 1950 having its, Head office at Musheerabad Hyd, represented by Regional Manager/Ranga Reddy Region on the one part, hereinafter called “Licensor” which expression shall include its successors, Executors, Transferor and Assignees etc.. on the First part AND Sri _____ABC age ______ R/o H.no. _______________ (Hereinafter called the “Licensee” on the other part). (To whom the stall/shop/space is allotted (with full name, details land address which tern shall include his successors, executors, transferees, Assignees etc) PREAMBLE APSRTC/Rangareddy Region has published a Notification No. ______________ dt. ______2012 in the daily newspapers inviting Tenders for licensing out the stall for doing “CANTEEN” business in pucca stall beating No. ___ , __________ Bus station for a period of Five (5) years. Whereas, sri ABC has participated in Tenders opened on ______2012 and became the successful tenderer by offering Rs. 7,709/0- per month during negations to the corporation towards License fee excluding water electricity charges. Whereas , corporation has accepted the offer made by ¬ABC & communicated its acceptance vide letter No. ________ dt. ___2012 Whereas Sri ABC having received the acceptance, has agreed to take up the contract for running “CANTEEN ” business in pucca 1300 sft Rs. 12,000 /- per month to the corporation for Five (5) years.
2 NOW THEREFORE THE AGREEMENT WITNESSETH AS FOLLOWS: 1. The License is for running “CANTEEN” business at pucca stall no. __ located in _______ Bus stand by sri ABC s/o _____, __ years , R/O H.no. __________ . License and to sell the items as specified at Annexure, for a period of Five (5) years. The Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contract. 2. The Licensee has to procure items to be sold and sell items within the allotted of 1300 sft duly engaging his own men, at his own cost. There is no payment from corporation’s side to the licensee.
3. The agreement is operative for a period of Five (5) years commencing from ________ and ending with _________.
4. LICENCE FEE: A) The Licensee fee is Rs. 12,000/- (Rupees Twelve thousand) per month exclusive of electricity and water charges and the same shall be paid in advance on or before 10th day of current month. If 10th happens to be a holiday, the payment shall be made on the next working day. B) The Licensee shall pay the license fee to the corporation , without any deductions. In other words, the amount agreed to be paid to the corporation towards the contract shall be paid in to. C) The Licensee fee shall be the same for the first three (3) three years and shall be enhanced by 10% , 15% , in 4th , 5th year of license fee payable in 3rd, 4th year of license respectively. D) The Licensee is liable to pay penalty for a each day of delay a @ 36% per annum in case of belated payment of monthly license fee, electricity and water charges, on the amount payable, in addition to payment of license fee. 3 The Unit Officer/Depot Manager/Asst. Traffic Manager of the concerned Bus station or any authorized officer of the corporation is authorized to collect license fee, electricity charges and impose penalties (on behalf of the licensor) on the licensee for breach of Terms and conditions of the agreement.
5. ELECTRICITY AND WATER CHARGES: A) Supply of water and electricity is subject to availability. The consumption charges shall be paid at the rates prevailing from time to time which will be extra. In case water is not provided by licensor, the license shall have to make his/her own cost. B) The digital Electricity sub-meter and other required equipment shall be procured by the licensee at his/her own cost. The licensee shall bear the expenses of electrical wiring from the power point to the stall. C) If the meter is not working , the licensee has to get it repaired immediately at his/her own cost. D) In case licensee is allowed to dig Bore well at his/her own cost, the electricity charges for the power consumed by the Borewell motor and maintenance of the same shall be borne by the licensee only. E) The licensee clears the blance contract amount for the left over minimum stipulated period of one year, the security deposit will be refunded, in case the Licensee fails to pay the amount which falls short of the amount payable for one year, corporation has the right to adjust the security deposit towards the dues payable by the Licensee and to refund the balance deposit, if any. In the event of any further short fall even after adjustment of security deposit, the Licensee shall make good the short fall within the prescribed time indicated buy the Licensor.
6. MINIMUM PERIOD OF DOING BUSINESS: A) The minimum period of doing business by the license of canteen, stall/shop, space/office accommodation, telephone 4 booth, cycle/scooter stand shall be ONE YEAR from the date of commencement of agreement of agreement period. B) If any licensee intends to vacant the premises for whatsoever reasons before completion of minimum period of ONE YEAR, the license has to pay the balance amount of license fee which falls short of the amount equivalent to the stipulated minimum period of 1 year. C) If the licensee clears the balance contract amount for the left over minimum stipulated period of one year, the security deposit will be refunded. In case the licensee fails to pay the amount which falls short of the amount payable for one year, corporation has the right to adjust the security deposit towards the dues payable by the Licensee and to refund the balance deposit, if any. In the event of any further short fall even after adjustment of security deposit, the Licensee shall make good the short fall within the prescribed time indicated by the Licensor.
7. SECURITY DEPOSIT : A) The Licensee shall deposit a sum equivalent to six highest monthly installments of the total contract period as security deposit. B) Security deposit is refundable within 30 days after expiry of the period of license and subject to due performance of the terms and conditions of the agreement and after adjustment of dues. C) The security deposit will not carry any interest.
8. FORFEITURE OF SECURITY DEPOSIT : The Security Deposit amount paid is liable for forfeiture if ii) The successful tenderer does not enter into Deed of licence within the stipulated time as mentioned in the allotment order. iii) The successful tenderer fails to commence the business after depositing security deposit and execution of deed of licence within the stipulated time as per allotment order.
9. CHANGE OF NATURE OF BUSINESS : The licensee has to do the same business which is mentioned in the tender notification and for which licence is issued. The representations for change of nature of business by the licensee will not be entertained. If the licensee is found doing business in the stall / shop other than that stipulated in the deed of licence and if the licensee sells items other than those specified in the allotment order or as recorded in the deed of licence, the licence is liable for termination duly forfeiting the security deposit.
10. CONFINEMENT TO THE AREA OF STALLS / SHOPS / SPACE / ALLOTED i) The licensee has to perform the business by confining to the extent of space, stall/shop allotted as mentioned in the tender notification or as recorded in the Deed of Licence. There should not be any encroachment of platforms, area of other stall/shop by the licensee, under any circumstances. ii) The corporation reserves right to reduce the area mentioned or change the allotted place if required. iii) If any licensee encroaches the platforms, area meant for passengers movement or area of the stall/shop, the licensee is liable for payment of penalty as furnished here under. SL.NO. Type of Bus station Amount of penalty to be imposed i) Major & “A” Class Rs. 1,000/- on each occasion ii) “B” Class Rs. 500/- on each occasion iii) “C” Class Rs. 200/- on each occasion iv) If the licensee found encroaching the platforms more hen three times in a calendar year, the license is liavle for termination with 7 (seven) days advance notice.
11. EXHIBITION OF PRICE LIST: The licensee shall exhibit the price list of commodities, which shall in no way be higher than the MRP/rates prevailing in the market, on a board kept in a conspicuous place in the stall/shop etc… 6
12. COMPLAINTS AND SUGGESTIONS BOOK: The licenee shall maintain a suggestion and complaint book at his establishment and to be made available to the public on demand. The said suggestion book shall be produced to the officials of the corporation at the time of inspection. The suggestions scrupulously and compulsorily followed and failure to follow the same shall entitle the licensor for termination of the license after giving 7 (seven) days advance notice.
13. MON-EXCLUSIVE CLAUSE: Corporation (Licensor) shall have right to grant license to more than one licensee to do same business which is already in existence in the same bus station/premises. The licensee shall not raise any objection over this.
14. SUB STALLS / OUT LETS : Permission will not be accorded to the licensee to open sub-stalls / outlets under any circumstances.
15. SUB – LETTING : The licensee shall not be permitted to subletting the stalls/space etc. allotted to him.
16. HAWKERS : The licensee shall not be permitted to engage HAWKERS under any circumstances for what so ever reasons.
17. ALLOTMENT OF ADDITIONAL SPACE: Additional space will not be granted to the existing licensee of a shop / space / canteen / cycle / scooter stand etc. however , in case of exigencies, matter will be made / discarded as per the directive of corporate office.
18. NOMINATION OF LEGAL HEIRS IN THE EVENT OF DEATH OF LICENSEE. In the event of death of the licensee, the licence shall come to an end. However, the licensor may permit the legal heirs of the deceased licensee to run the business on the same terms and conditions for the remaining period of licence duly entering into a supplementary agreement on Rs.100/- Non-Judicial Stamp Paper purchased at the cost of licensee for the remaining period of licence.
19. PENALTIES FOR SELLING UN-AUTHORISED ITEMS & CHARGING EXCESSIE RATES: A) If the licensee is found selling un-authorized items/items not related to his sell or sell the items at more than MRP rates, licensor can penalties upto a maximum amount of Rs.1,000/- on each occasion. B) Complaints on quality / quantity / prices of food stuffs / any items sold, if found correct, the corporation is at liberty to levy penalties, upto a maximum of Rs.1,000/- on one or two occasions. Even after imposition of fines, if complaints are still received and found correct for more than three (3) times in a calendar year, the license will be terminated by giving 7 (seven) days advance notice, duly forfeiting the security deposit.
20. TERMINATION OF LICENCE : The licence is liable for termination with a 7 (days) advance notice on the following grounds : i) If the licensee defaults in payment of licence fee for three months consecutively or three times in calendar year. ii) If the licensee fails to do the business (for which licence is granted) in the stall for a continuous period of NINETY (90) days. iii) If the licensee is found encroached on to the platforms, area meant for passenger movement or any other / stall / shop. 8 iv) If the licensee performs other business, other than the specified in tender notification or as recorded in the deed of licence. v) If the licensee is found doing or resorting to any unethical activities or indulging in moral turpitude. vi) In case of mis-behaviour/assault committed by the licensee, his/ her representatives against the employees of the corporation. vii) For breach of terms and conditions of deed of licence.
21. CALLING FRESH TENDERS/EXTENTION OF LICENCE PERIOD: Fresh Tenders will be called 3 months before completion of licence period of the Licensee. Due to some administrative reasons, if the period of licence is extended for a temporary period, the licensee shall enter into a supplementary agreement with the licensor duly paying the requisite stamp duty at the cost of the licensee. (A) The extention of licence is for a temporary period, till such time that the tenders are finalized and frash allotment is made. (B) The licensee shall vacate the premises as and when demanded by the licensor. (C) The corporation is at liberty to demand for immediate vacation of the premises and the licensee is not entitled for any notice. (D) The other terms and conditions of the original agreement shall remain in force including security deposit till such time the temporary extension of licence period comes to an end.
22. The licensee shall make his/her own arrangements for procuring necessary equipment for carrying out his/her business.
23. The premises includes the rolling shutters, the electrical sub meter and other items along with floors and walls are handed over to the licensee in a reasonably good condition on the day of occupation of the premises. The licensee while handing over back of the premises is expected to handover the same is a reasonably good condition. If any reason, there are damages to the premises or property to the corporation, the cost of the damages assessed by the corporation shall be paid by the licensee failing which the licensor shall have right to recover the said sum form the said security deposit of the licensee.
24. The premises and surroundings of the business shall be kept in clean and tidy condition and are subject to inspection by the officials of the licensor and the Municipal/ competent Authorities.
25. The Licensee shall not exhibit or permit any advertisement of any company/ products/ service except displaying name of their shop in the stall/ shop/ open space.
26. The Licensee shall erect “Glow Sign Board” of the stall in uniform size in consultation with the Bus Station Manager / Depot Manager concerned, at his/her own cost (one board for stalls and two boards for canteens).
27. The Licensee shall not be entitled to allow any other person to occupy the premises instead or to use any part there of.
28. All notice, consents, sanctions, directions and approvals referred to in this agreement or otherwise shall be given by the licensor to the licensee and vice versa in writing.
29. The licensor may constitute a committee from time to time with officials and non officials as members there of with power to inspect and determine the quality of the articles sold by the licensee and advise the licensee suitably.
30. Shifting of Canteens / Dormitories / Stalls / Shops / Cycle stand / Telephone Booths etc.. from old bus station to new one is not permitted when the old bus station is being 10 abandoned. In all such cases the existing contracts will be automatically terminated and the licensee are at linerty to participate in the tenders called for allotment of stalls/ canteens in new bus stations.
31. CONCLUSSION OF AGREEMENT PERIOD : A) On the expiry of the period of the licence or on its termination, as the case may be licensee shall deliver vacant possession of the premises, intact, to the licensor. B) In the event of the licensee failing to deliver vacant possession to the licensor, the licensor shall have right to take possession of the premises by putting his own lock and key to the said premises. C) The licensor after taking possession of the premises as provided in clause (b) may permit the licensee to remove his articles after paying the arrears of licence fee, water and electricity charges, if any within one week from the date of taking possession of the said premises. D) In case the licensee fails to avail opportunity provided in clause (C), the licensor shall have right to dispose of the articles found in the premises in public auction without any notice to the licensee and the cost incurred for such auction shall be born by the licensee which will be deducted either from the proceeds of the auction or security deposit. E) The proceeds in the said auction will be adjusted towards arrears of licence fee etc.., and the balance if any will be refunded to the licensee. F) Failure to deliver vacant possession by the licensee to the licensor, shall entitle the licensor to forfeit the security deposit.
32. The maintenance of the Shop / Stall such as repairs, periodical white / color washing etc., during the subsistence of the licence shall be the responsibility of the licensee. However, any internal modification to the shop / shall as may 11 be essential shall have to be carried out at his/her cost with prior approval of the corporation.
33. The licensor shall have right to terminate the licence if in his opinion the quality of the work is not satisfactory and his decision in this regard shall be final.
34. The licensor reserves the right to terminate the licence by giving one month’s notice in case the premises is required for use of the licensor.
35. In all disputes on the scope and doubts of interpretation of the clauses or conditions and application of this licence or otherwise the decision of the vice chairman and managing director, APSRTC shall be final.
36. DAMAGES / COMPENSATION : i) The corporation shall not be accountable for any loss that the licensee may suffer on account of any damage / theft etc.., caused to the stall / shop / space or its allied infrastructure installed at any of the Bus station. ii) Corporation is not liable for any damage or loss caused to the items/goods/furniture sustained by the licensee. iii) The loss/damage if any caused to the neighboring stalls by the licensee or his representatives, the compensation shall be borne by the licensee. iv) The corporation is not liable to pay any compensation in case of death or injury (single/grievous) caused to any person engaged by the licensee in the course of working in shops/ stalls/canteens etc. at the Bus station. The licensee shall be liable to bear all expenses and for payment of compensation in all such cases.
37. Child labour shall not be engaged.
38. The Licensee shall be governed by all the statutory provisions prescribed by the State / Central / Local Laws and obtain requisite Licence / Certificate / Permission / Approval as may be necessary or required from the concerned authorities from time to time for doing his/her business, at 12 their own cost and shall pay all taxes / fees or other sums, if any required to be paid to the concerned authorities.
39. The Corporation shall arrange payment or property tax for shops / stalls / canteen in Bus station and the licensee need not reimburse the same.
40. The licensee shall pay minimum wages to the workers / staff engaged by him, as fixed by the Government from time to time.
41. The licensee shall recover 12% towards PF on the wages paid an the licensee shall have to pay matching contribution @ 12% , administrative charges @ 1.10% and inspection charges @ 18% on the total wages paid to all the persons engaged by him/her.
42. The licensee shall comply with the provisions of all the Acts of Government relating to Labour and the Rules and Regulations made there under, from time to time. The Licensee shall at all times indemnify the Corporation all claims, damages for compensation under the provisions of all Laws and Acts pertaining to the Labour engaged by them. All incidental charges, taxes and other charges levied by the statutory Authority from time to time are to be borne by the licensee.
43. In case business is not carried out by the licensee due to riots/ agitations/ bundhs / fire / floods / natural calamities / strike/ either by internal or external factors or for any other reasons, for a particular period, or periods the Licensee shall have no right to claim any remission on licence fee payment or compensation or reimbursement of loss etc.
44. The service tax if any applicable on renting of immovable properties of the corporation, will be borne by the corporation. 45. Corporation reserves the right to modify any condition / conditions of the agreement and to incorporate fresh clauses. The licenses has to enter into a fresh deed of Licence at his/her own cost. 13 46. DEMOLITION CHARGES: The Security Deposit of the Licensee will be refunded only after removal / dismantling of additional structures constructed by them for their use. In case the licensee vacates the premises without dismantling/ removing the additional structures as agreed, the demolition charges will be adjusted out of the Security Deposit an dthe balance will be refunded. Both the parties agree that, they will implement this contract in its letter and spirit. IN WITNESS WHEROF the parties hereunto have ser their hands on this the Contract and signed this deed of Licence on this deed of Licence on this day, month and year first above mentioned in presence of the following witnesses. LICENSEE LICENSOR WITNESSES: 1. 1. =======================================================================================
sir,
At present my canteen accessories are in the APSRTC canteen it is been locked by the concerned officer, i want to take back my canteen accessories which is left, accessories cost more than two lakh rupees, can i able to take it? in what procedure? please suggest me what to do.
==============================================================================================================
Sir/madam I have given written complaint which is also attested by me
Day 1 complaint letter
To
The R.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under hyd depot. Iam writing this letter to bring your attention that iam not satisfied with your quality of service provided at _____ bus depot.
Iam running a canteen on above said place, what ever eating or drinking items which you have permitted me to sell are also been sold by APSRTC stalls/shops, due to this act iam getting huge loss, which is unbearable.
APSRTC stalls/shops are openly selling the eating and drinking item which you have permitted me to sell, sit sub stall in front of shop are arranged by them like tea stall etc.. due to this no one is coming in the canteen and having the tea,coffee,meals,etc.. all the running items are been sold by some of the neighboring APSRTC stalls. Till today concerned officer has not taken any step for removal of the unlawful business.
Sir according to rules of APSRTC we know, Licensee will not be permitted to sell items other than what is specified in ANNEXURE during the subsisting period of contract. If the Licensee is found doing business in the stall/shop other than that stipulated in the allotment order than the action must be taken by your concerned officer.
So, I kindly request to address this issue with immediate attention and direct them to do their allotted business not to do the other’s business.
Thanking you,
Yours faithfully
____________
===========================================================================================================================================================
Day 18 complaint letter
To
The R.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under Hyd depot.
Iam running a canteen on the above said place, what ever eatable and drinking items which you have permitted me to sell are also been sold by some of neighboring APSRTC stalls/shops, due to this regular activity by some of the APSRTC stalls/shop, iam getting huge loss, which is unbearable.
Some of APSRTC stalls/shops are openly selling the eatable and drinkable item which you have permitted me to sell, sub stalls are arranged by them in front of there stalls/shops like tea stalls, coffee stalls, Tiffin’s etc… and selling openly. Till today concerned officer has not taken any steps for removal of the unlawful business which is going on openly.
According to rules of APSRTC we know , Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contact. If the Licensee is found dong business in the stalls/shops other than that stipulated in the allotment order than the action must be taken by your concerned officer.
As I already stated in previous complaint letter dated _______ (1) about all this above issue , but no action has been taken yet for removal of unlawful business done by some of the neighboring APSRTC stalls/shops at _________.
Sir, for every stalls/shops there is a separate business is allotted by APSRTC, this is because every stalls/shops will get a chance to sell their product and easily they can take out all the expenses which are in the business and earn some money.
I would be grateful if all the issues and my complaint as set out as early as possible, I hope sir you will remove unlawful business and direct APSRTC stalls/shop at _________ depot, to do their allotted business. If not please refund my deposit amount along with all the expenses (rent) which I have paid to APSRTC till today.
Thanking you,
Your’s faithfully
_____________
=======================================================================================================================================================
Day 18 complaint letter 2nd
To
The D.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under Hyd depot. Iam writing this letter to bring your attention that iam not satisfied with your service provided at _____ depot.
Iam running a canteen on the above said place, what ever eatable and drinking items which you have permitted me to sell are also been sold by some of neighboring APSRTC stalls/shops, due to this regular activity by some of the APSRTC stalls/shop, iam getting huge loss, which is unbearable.
Some of APSRTC stalls/shops are openly selling the eatable and drinkable item which you have permitted me to sell, sub stalls are arranged by them in front of there stalls/shops like tea stalls, coffee stalls, Tiffin’s etc… and selling openly. Till today concerned officer has not taken any steps for removal of the unlawful business which is going on openly.
According to rules of APSRTC we know , Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contact. If the Licensee is found dong business in the stalls/shops other than that stipulated in the allotment order than the action must be taken by your concerned officer.
So, I kindly request who ever is not doing allotted business, to please address this issue with immediate attention and direct APSRTC stalls/shops at __________ depot to do their allotted business.
Sir, for every stalls/shops there is a separate business is allotted by APSRTC, this is because every stalls/shops will get a chance to sell their product and easily they can take out all the expenses which are in the business and earn some money.
I would be grateful if all the issues and my complaint as set out as early as possible, I hope sir you will remove unlawful business and direct APSRTC stalls/shop at _________ depot, to do their allotted business. If not please refund my deposit amount along with all the expenses (rent) which I have paid to APSRTC till today.
Thanking you,
Your’s faithfully
_____________
Ajay
23 November 2013 at 20:28
Can an advocate withdraw amendment application without consent or apporoval of client in court
Rahul Lahiri
23 November 2013 at 15:16
Dear Experts
Is it compulsory to register a deed of personal guarantee. One of our clients is providing a personal guarantee for a sum of Rs.5 lacs on a non-judicial stamp paper.
How to make it legally enforceable? If it is required to registered in Allahabad, Uttar Pradesh what would be the registration fee and stamp duty?
Member (Account Deleted)
22 November 2013 at 14:14
Dear Sir,
our company register in 2007 as Private limited, we are in the business of consulting services and we operate only 8 hours. general shift, now we are planning to operate 24X7 like three shifts. please let me know the process and required documentation and registrations.
Amrit Dubey
22 November 2013 at 11:41
Dear Sir,
I own a chain of retail shops in my area. One another person who is also in the same business is nowdays using the receipt of my shops with some items purchased from mine shop and the same items purchased from his shop, and trying to show to the public at large that his price for all those items are less than mine.
Please guide me as this is lowering the reputation my chain of retail stores.
shyam
22 November 2013 at 09:50
sir,
i have participated in APSRTC tender and i was the successful tenderer to an bus depot canteen, then agreement papers were signed.
1. i have paid the advance amount to the APSRTC which was monthly rent x 7months rent = advance.
2. then i have started my canteen at abc bus depot.
3. in APSRTC for every stalls/shop separate business will be allotted, by seeing this i have participated in the tender.
4. when i started my canteen business i noticed my neighboring APSRTC stalls/shops are doing my allotted business in front of their stalls/shops, then i have given a oral complaint to the controller, he will at the same depot.
5. he has not taken any further steps for removal of unlawful business.
6. my canteen was running in loss because neighboring APSRTC stalls/shops are running tea stall, tiffins etc.. in front of their stalls/shops .
7. even though i was in loss i paid the monthly rent to APSRTC for about 5months and closed the canteen.
8. NEXT i stop paying rent because i was totally loss, i was regularly giving oral complaint to the controller of APSRTC.
9. i have not paid the monthly rent to APSRTC for about 4months.
10.then i have given a written complaint to regional manager of concerned department, i went to give the manually written complaint to depot manager they refused to take the complaint, dated 1.
11. there was no reply and no response from the R.M then after 18days i have given a written complaint to R.M. and on the same day i have send a complaint letter though by registered post to D.M.
12. EVEN today no response to the complaint notice.
14. NOW i came to know that again tender notification was made to my stall/shop. that too without giving any cancellation notice to me.
15. sir can i go for court for filing a suit, weather i will get a justice.
16. sir iam ATTESTING the agreement copy which was between me and APSRTC.
================================================================================================================================ ANDHAR PRADESH STATE ROAD TRANSPORT CORPORATION DEED OF LICENCE
1. This deed of License is entered into on this the BETWEEN This Andhra Pradesh Transport Corporation established Under section 3 and 5 of Road Transport Corporation Act, 1950 having its, Head office at Musheerabad Hyd, represented by Regional Manager/Ranga Reddy Region on the one part, hereinafter called “Licensor” which expression shall include its successors, Executors, Transferor and Assignees etc.. on the First part AND Sri _____ABC age ______ R/o H.no. _______________ (Hereinafter called the “Licensee” on the other part). (To whom the stall/shop/space is allotted (with full name, details land address which tern shall include his successors, executors, transferees, Assignees etc) PREAMBLE APSRTC/Rangareddy Region has published a Notification No. ______________ dt. ______2012 in the daily newspapers inviting Tenders for licensing out the stall for doing “CANTEEN” business in pucca stall beating No. ___ , __________ Bus station for a period of Five (5) years. Whereas, sri ABC has participated in Tenders opened on ______2012 and became the successful tenderer by offering Rs. 7,709/0- per month during negations to the corporation towards License fee excluding water electricity charges. Whereas , corporation has accepted the offer made by ¬ABC & communicated its acceptance vide letter No. ________ dt. ___2012 Whereas Sri ABC having received the acceptance, has agreed to take up the contract for running “CANTEEN ” business in pucca 1300 sft Rs. 12,000 /- per month to the corporation for Five (5) years.
2 NOW THEREFORE THE AGREEMENT WITNESSETH AS FOLLOWS: 1. The License is for running “CANTEEN” business at pucca stall no. __ located in _______ Bus stand by sri ABC s/o _____, __ years , R/O H.no. __________ . License and to sell the items as specified at Annexure, for a period of Five (5) years. The Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contract. 2. The Licensee has to procure items to be sold and sell items within the allotted of 1300 sft duly engaging his own men, at his own cost. There is no payment from corporation’s side to the licensee.
3. The agreement is operative for a period of Five (5) years commencing from ________ and ending with _________.
4. LICENCE FEE: A) The Licensee fee is Rs. 12,000/- (Rupees Twelve thousand) per month exclusive of electricity and water charges and the same shall be paid in advance on or before 10th day of current month. If 10th happens to be a holiday, the payment shall be made on the next working day. B) The Licensee shall pay the license fee to the corporation , without any deductions. In other words, the amount agreed to be paid to the corporation towards the contract shall be paid in to. C) The Licensee fee shall be the same for the first three (3) three years and shall be enhanced by 10% , 15% , in 4th , 5th year of license fee payable in 3rd, 4th year of license respectively. D) The Licensee is liable to pay penalty for a each day of delay a @ 36% per annum in case of belated payment of monthly license fee, electricity and water charges, on the amount payable, in addition to payment of license fee. 3 The Unit Officer/Depot Manager/Asst. Traffic Manager of the concerned Bus station or any authorized officer of the corporation is authorized to collect license fee, electricity charges and impose penalties (on behalf of the licensor) on the licensee for breach of Terms and conditions of the agreement.
5. ELECTRICITY AND WATER CHARGES: A) Supply of water and electricity is subject to availability. The consumption charges shall be paid at the rates prevailing from time to time which will be extra. In case water is not provided by licensor, the license shall have to make his/her own cost. B) The digital Electricity sub-meter and other required equipment shall be procured by the licensee at his/her own cost. The licensee shall bear the expenses of electrical wiring from the power point to the stall. C) If the meter is not working , the licensee has to get it repaired immediately at his/her own cost. D) In case licensee is allowed to dig Bore well at his/her own cost, the electricity charges for the power consumed by the Borewell motor and maintenance of the same shall be borne by the licensee only. E) The licensee clears the blance contract amount for the left over minimum stipulated period of one year, the security deposit will be refunded, in case the Licensee fails to pay the amount which falls short of the amount payable for one year, corporation has the right to adjust the security deposit towards the dues payable by the Licensee and to refund the balance deposit, if any. In the event of any further short fall even after adjustment of security deposit, the Licensee shall make good the short fall within the prescribed time indicated buy the Licensor.
6. MINIMUM PERIOD OF DOING BUSINESS: A) The minimum period of doing business by the license of canteen, stall/shop, space/office accommodation, telephone 4 booth, cycle/scooter stand shall be ONE YEAR from the date of commencement of agreement of agreement period. B) If any licensee intends to vacant the premises for whatsoever reasons before completion of minimum period of ONE YEAR, the license has to pay the balance amount of license fee which falls short of the amount equivalent to the stipulated minimum period of 1 year. C) If the licensee clears the balance contract amount for the left over minimum stipulated period of one year, the security deposit will be refunded. In case the licensee fails to pay the amount which falls short of the amount payable for one year, corporation has the right to adjust the security deposit towards the dues payable by the Licensee and to refund the balance deposit, if any. In the event of any further short fall even after adjustment of security deposit, the Licensee shall make good the short fall within the prescribed time indicated by the Licensor.
7. SECURITY DEPOSIT : A) The Licensee shall deposit a sum equivalent to six highest monthly installments of the total contract period as security deposit. B) Security deposit is refundable within 30 days after expiry of the period of license and subject to due performance of the terms and conditions of the agreement and after adjustment of dues. C) The security deposit will not carry any interest.
8. FORFEITURE OF SECURITY DEPOSIT : The Security Deposit amount paid is liable for forfeiture if ii) The successful tenderer does not enter into Deed of licence within the stipulated time as mentioned in the allotment order. iii) The successful tenderer fails to commence the business after depositing security deposit and execution of deed of licence within the stipulated time as per allotment order.
9. CHANGE OF NATURE OF BUSINESS : The licensee has to do the same business which is mentioned in the tender notification and for which licence is issued. The representations for change of nature of business by the licensee will not be entertained. If the licensee is found doing business in the stall / shop other than that stipulated in the deed of licence and if the licensee sells items other than those specified in the allotment order or as recorded in the deed of licence, the licence is liable for termination duly forfeiting the security deposit.
10. CONFINEMENT TO THE AREA OF STALLS / SHOPS / SPACE / ALLOTED i) The licensee has to perform the business by confining to the extent of space, stall/shop allotted as mentioned in the tender notification or as recorded in the Deed of Licence. There should not be any encroachment of platforms, area of other stall/shop by the licensee, under any circumstances. ii) The corporation reserves right to reduce the area mentioned or change the allotted place if required. iii) If any licensee encroaches the platforms, area meant for passengers movement or area of the stall/shop, the licensee is liable for payment of penalty as furnished here under. SL.NO. Type of Bus station Amount of penalty to be imposed i) Major & “A” Class Rs. 1,000/- on each occasion ii) “B” Class Rs. 500/- on each occasion iii) “C” Class Rs. 200/- on each occasion iv) If the licensee found encroaching the platforms more hen three times in a calendar year, the license is liavle for termination with 7 (seven) days advance notice.
11. EXHIBITION OF PRICE LIST: The licensee shall exhibit the price list of commodities, which shall in no way be higher than the MRP/rates prevailing in the market, on a board kept in a conspicuous place in the stall/shop etc… 6
12. COMPLAINTS AND SUGGESTIONS BOOK: The licenee shall maintain a suggestion and complaint book at his establishment and to be made available to the public on demand. The said suggestion book shall be produced to the officials of the corporation at the time of inspection. The suggestions scrupulously and compulsorily followed and failure to follow the same shall entitle the licensor for termination of the license after giving 7 (seven) days advance notice.
13. MON-EXCLUSIVE CLAUSE: Corporation (Licensor) shall have right to grant license to more than one licensee to do same business which is already in existence in the same bus station/premises. The licensee shall not raise any objection over this.
14. SUB STALLS / OUT LETS : Permission will not be accorded to the licensee to open sub-stalls / outlets under any circumstances.
15. SUB – LETTING : The licensee shall not be permitted to subletting the stalls/space etc. allotted to him.
16. HAWKERS : The licensee shall not be permitted to engage HAWKERS under any circumstances for what so ever reasons.
17. ALLOTMENT OF ADDITIONAL SPACE: Additional space will not be granted to the existing licensee of a shop / space / canteen / cycle / scooter stand etc. however , in case of exigencies, matter will be made / discarded as per the directive of corporate office.
18. NOMINATION OF LEGAL HEIRS IN THE EVENT OF DEATH OF LICENSEE. In the event of death of the licensee, the licence shall come to an end. However, the licensor may permit the legal heirs of the deceased licensee to run the business on the same terms and conditions for the remaining period of licence duly entering into a supplementary agreement on Rs.100/- Non-Judicial Stamp Paper purchased at the cost of licensee for the remaining period of licence.
19. PENALTIES FOR SELLING UN-AUTHORISED ITEMS & CHARGING EXCESSIE RATES: A) If the licensee is found selling un-authorized items/items not related to his sell or sell the items at more than MRP rates, licensor can penalties upto a maximum amount of Rs.1,000/- on each occasion. B) Complaints on quality / quantity / prices of food stuffs / any items sold, if found correct, the corporation is at liberty to levy penalties, upto a maximum of Rs.1,000/- on one or two occasions. Even after imposition of fines, if complaints are still received and found correct for more than three (3) times in a calendar year, the license will be terminated by giving 7 (seven) days advance notice, duly forfeiting the security deposit.
20. TERMINATION OF LICENCE : The licence is liable for termination with a 7 (days) advance notice on the following grounds : i) If the licensee defaults in payment of licence fee for three months consecutively or three times in calendar year. ii) If the licensee fails to do the business (for which licence is granted) in the stall for a continuous period of NINETY (90) days. iii) If the licensee is found encroached on to the platforms, area meant for passenger movement or any other / stall / shop. 8 iv) If the licensee performs other business, other than the specified in tender notification or as recorded in the deed of licence. v) If the licensee is found doing or resorting to any unethical activities or indulging in moral turpitude. vi) In case of mis-behaviour/assault committed by the licensee, his/ her representatives against the employees of the corporation. vii) For breach of terms and conditions of deed of licence.
21. CALLING FRESH TENDERS/EXTENTION OF LICENCE PERIOD: Fresh Tenders will be called 3 months before completion of licence period of the Licensee. Due to some administrative reasons, if the period of licence is extended for a temporary period, the licensee shall enter into a supplementary agreement with the licensor duly paying the requisite stamp duty at the cost of the licensee. (A) The extention of licence is for a temporary period, till such time that the tenders are finalized and frash allotment is made. (B) The licensee shall vacate the premises as and when demanded by the licensor. (C) The corporation is at liberty to demand for immediate vacation of the premises and the licensee is not entitled for any notice. (D) The other terms and conditions of the original agreement shall remain in force including security deposit till such time the temporary extension of licence period comes to an end.
22. The licensee shall make his/her own arrangements for procuring necessary equipment for carrying out his/her business.
23. The premises includes the rolling shutters, the electrical sub meter and other items along with floors and walls are handed over to the licensee in a reasonably good condition on the day of occupation of the premises. The licensee while handing over back of the premises is expected to handover the same is a reasonably good condition. If any reason, there are damages to the premises or property to the corporation, the cost of the damages assessed by the corporation shall be paid by the licensee failing which the licensor shall have right to recover the said sum form the said security deposit of the licensee.
24. The premises and surroundings of the business shall be kept in clean and tidy condition and are subject to inspection by the officials of the licensor and the Municipal/ competent Authorities.
25. The Licensee shall not exhibit or permit any advertisement of any company/ products/ service except displaying name of their shop in the stall/ shop/ open space.
26. The Licensee shall erect “Glow Sign Board” of the stall in uniform size in consultation with the Bus Station Manager / Depot Manager concerned, at his/her own cost (one board for stalls and two boards for canteens).
27. The Licensee shall not be entitled to allow any other person to occupy the premises instead or to use any part there of.
28. All notice, consents, sanctions, directions and approvals referred to in this agreement or otherwise shall be given by the licensor to the licensee and vice versa in writing.
29. The licensor may constitute a committee from time to time with officials and non officials as members there of with power to inspect and determine the quality of the articles sold by the licensee and advise the licensee suitably.
30. Shifting of Canteens / Dormitories / Stalls / Shops / Cycle stand / Telephone Booths etc.. from old bus station to new one is not permitted when the old bus station is being 10 abandoned. In all such cases the existing contracts will be automatically terminated and the licensee are at linerty to participate in the tenders called for allotment of stalls/ canteens in new bus stations.
31. CONCLUSSION OF AGREEMENT PERIOD : A) On the expiry of the period of the licence or on its termination, as the case may be licensee shall deliver vacant possession of the premises, intact, to the licensor. B) In the event of the licensee failing to deliver vacant possession to the licensor, the licensor shall have right to take possession of the premises by putting his own lock and key to the said premises. C) The licensor after taking possession of the premises as provided in clause (b) may permit the licensee to remove his articles after paying the arrears of licence fee, water and electricity charges, if any within one week from the date of taking possession of the said premises. D) In case the licensee fails to avail opportunity provided in clause (C), the licensor shall have right to dispose of the articles found in the premises in public auction without any notice to the licensee and the cost incurred for such auction shall be born by the licensee which will be deducted either from the proceeds of the auction or security deposit. E) The proceeds in the said auction will be adjusted towards arrears of licence fee etc.., and the balance if any will be refunded to the licensee. F) Failure to deliver vacant possession by the licensee to the licensor, shall entitle the licensor to forfeit the security deposit.
32. The maintenance of the Shop / Stall such as repairs, periodical white / color washing etc., during the subsistence of the licence shall be the responsibility of the licensee. However, any internal modification to the shop / shall as may 11 be essential shall have to be carried out at his/her cost with prior approval of the corporation.
33. The licensor shall have right to terminate the licence if in his opinion the quality of the work is not satisfactory and his decision in this regard shall be final.
34. The licensor reserves the right to terminate the licence by giving one month’s notice in case the premises is required for use of the licensor.
35. In all disputes on the scope and doubts of interpretation of the clauses or conditions and application of this licence or otherwise the decision of the vice chairman and managing director, APSRTC shall be final.
36. DAMAGES / COMPENSATION : i) The corporation shall not be accountable for any loss that the licensee may suffer on account of any damage / theft etc.., caused to the stall / shop / space or its allied infrastructure installed at any of the Bus station. ii) Corporation is not liable for any damage or loss caused to the items/goods/furniture sustained by the licensee. iii) The loss/damage if any caused to the neighboring stalls by the licensee or his representatives, the compensation shall be borne by the licensee. iv) The corporation is not liable to pay any compensation in case of death or injury (single/grievous) caused to any person engaged by the licensee in the course of working in shops/ stalls/canteens etc. at the Bus station. The licensee shall be liable to bear all expenses and for payment of compensation in all such cases.
37. Child labour shall not be engaged.
38. The Licensee shall be governed by all the statutory provisions prescribed by the State / Central / Local Laws and obtain requisite Licence / Certificate / Permission / Approval as may be necessary or required from the concerned authorities from time to time for doing his/her business, at 12 their own cost and shall pay all taxes / fees or other sums, if any required to be paid to the concerned authorities.
39. The Corporation shall arrange payment or property tax for shops / stalls / canteen in Bus station and the licensee need not reimburse the same.
40. The licensee shall pay minimum wages to the workers / staff engaged by him, as fixed by the Government from time to time.
41. The licensee shall recover 12% towards PF on the wages paid an the licensee shall have to pay matching contribution @ 12% , administrative charges @ 1.10% and inspection charges @ 18% on the total wages paid to all the persons engaged by him/her.
42. The licensee shall comply with the provisions of all the Acts of Government relating to Labour and the Rules and Regulations made there under, from time to time. The Licensee shall at all times indemnify the Corporation all claims, damages for compensation under the provisions of all Laws and Acts pertaining to the Labour engaged by them. All incidental charges, taxes and other charges levied by the statutory Authority from time to time are to be borne by the licensee.
43. In case business is not carried out by the licensee due to riots/ agitations/ bundhs / fire / floods / natural calamities / strike/ either by internal or external factors or for any other reasons, for a particular period, or periods the Licensee shall have no right to claim any remission on licence fee payment or compensation or reimbursement of loss etc.
44. The service tax if any applicable on renting of immovable properties of the corporation, will be borne by the corporation. 45. Corporation reserves the right to modify any condition / conditions of the agreement and to incorporate fresh clauses. The licenses has to enter into a fresh deed of Licence at his/her own cost. 13 46. DEMOLITION CHARGES: The Security Deposit of the Licensee will be refunded only after removal / dismantling of additional structures constructed by them for their use. In case the licensee vacates the premises without dismantling/ removing the additional structures as agreed, the demolition charges will be adjusted out of the Security Deposit an dthe balance will be refunded. Both the parties agree that, they will implement this contract in its letter and spirit. IN WITNESS WHEROF the parties hereunto have ser their hands on this the Contract and signed this deed of Licence on this deed of Licence on this day, month and year first above mentioned in presence of the following witnesses. LICENSEE LICENSOR WITNESSES: 1. 1. =======================================================================================
sir,
At present my canteen accessories are in the APSRTC canteen it is been locked by the concerned officer, i want to take back my canteen accessories which is left, accessories cost more than two lakh rupees, can i able to take it? in what procedure? please suggest me what to do.
==============================================================================================================
Sir/madam I have given written complaint which is also attested by me
Day 1 complaint letter
To
The R.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under hyd depot. Iam writing this letter to bring your attention that iam not satisfied with your quality of service provided at _____ bus depot.
Iam running a canteen on above said place, what ever eating or drinking items which you have permitted me to sell are also been sold by APSRTC stalls/shops, due to this act iam getting huge loss, which is unbearable.
APSRTC stalls/shops are openly selling the eating and drinking item which you have permitted me to sell, sit sub stall in front of shop are arranged by them like tea stall etc.. due to this no one is coming in the canteen and having the tea,coffee,meals,etc.. all the running items are been sold by some of the neighboring APSRTC stalls. Till today concerned officer has not taken any step for removal of the unlawful business.
Sir according to rules of APSRTC we know, Licensee will not be permitted to sell items other than what is specified in ANNEXURE during the subsisting period of contract. If the Licensee is found doing business in the stall/shop other than that stipulated in the allotment order than the action must be taken by your concerned officer.
So, I kindly request to address this issue with immediate attention and direct them to do their allotted business not to do the other’s business.
Thanking you,
Yours faithfully
____________
===========================================================================================================================================================
Day 18 complaint letter
To
The R.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under Hyd depot.
Iam running a canteen on the above said place, what ever eatable and drinking items which you have permitted me to sell are also been sold by some of neighboring APSRTC stalls/shops, due to this regular activity by some of the APSRTC stalls/shop, iam getting huge loss, which is unbearable.
Some of APSRTC stalls/shops are openly selling the eatable and drinkable item which you have permitted me to sell, sub stalls are arranged by them in front of there stalls/shops like tea stalls, coffee stalls, Tiffin’s etc… and selling openly. Till today concerned officer has not taken any steps for removal of the unlawful business which is going on openly.
According to rules of APSRTC we know , Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contact. If the Licensee is found dong business in the stalls/shops other than that stipulated in the allotment order than the action must be taken by your concerned officer.
As I already stated in previous complaint letter dated _______ (1) about all this above issue , but no action has been taken yet for removal of unlawful business done by some of the neighboring APSRTC stalls/shops at _________.
Sir, for every stalls/shops there is a separate business is allotted by APSRTC, this is because every stalls/shops will get a chance to sell their product and easily they can take out all the expenses which are in the business and earn some money.
I would be grateful if all the issues and my complaint as set out as early as possible, I hope sir you will remove unlawful business and direct APSRTC stalls/shop at _________ depot, to do their allotted business. If not please refund my deposit amount along with all the expenses (rent) which I have paid to APSRTC till today.
Thanking you,
Your’s faithfully
_____________
=======================================================================================================================================================
Day 18 complaint letter 2nd
To
The D.M
A.P.S.R.T.C
Hyd.
Respected sir,
Sub: complaint letter
Iam the present Licensee of _______ bus stand canteen in stall no ___ under Hyd depot. Iam writing this letter to bring your attention that iam not satisfied with your service provided at _____ depot.
Iam running a canteen on the above said place, what ever eatable and drinking items which you have permitted me to sell are also been sold by some of neighboring APSRTC stalls/shops, due to this regular activity by some of the APSRTC stalls/shop, iam getting huge loss, which is unbearable.
Some of APSRTC stalls/shops are openly selling the eatable and drinkable item which you have permitted me to sell, sub stalls are arranged by them in front of there stalls/shops like tea stalls, coffee stalls, Tiffin’s etc… and selling openly. Till today concerned officer has not taken any steps for removal of the unlawful business which is going on openly.
According to rules of APSRTC we know , Licensee will not be permitted to sell items other than what is specified in Annexure during the subsisting period of contact. If the Licensee is found dong business in the stalls/shops other than that stipulated in the allotment order than the action must be taken by your concerned officer.
So, I kindly request who ever is not doing allotted business, to please address this issue with immediate attention and direct APSRTC stalls/shops at __________ depot to do their allotted business.
Sir, for every stalls/shops there is a separate business is allotted by APSRTC, this is because every stalls/shops will get a chance to sell their product and easily they can take out all the expenses which are in the business and earn some money.
I would be grateful if all the issues and my complaint as set out as early as possible, I hope sir you will remove unlawful business and direct APSRTC stalls/shop at _________ depot, to do their allotted business. If not please refund my deposit amount along with all the expenses (rent) which I have paid to APSRTC till today.
Thanking you,
Your’s faithfully
_____________
ashwani
21 November 2013 at 19:16
In Delhi, can I get the Partnership Deed Notaraized and apply for TIN No ?
Please give the address (for South Delhi) where the Partnership Firm could be registered ?
What will be the maximum time required to get the registration no.?
The total contibutions of the partners is 50,000/- (at the starting ) then what shall be the fee to be deposited to get TIn No and Where to apply for?
Siva
20 November 2013 at 22:20
Dear Law Experts,
Pls answer the following Query:
A year ago, the Banker has sent the Symbolic Possession u/s 13(2) to the Borrower / Guarantor (Parties) and the parties gave representation u/s 13(3A) to the Bank by raising some mistakes done by the Lender / Banker. Further, the Banker has sent Physical possession notice u/s 13(4) and at that time, the Parties paid a fair amount (almost the principal amount of the loan) and make the notices “NULL & VOID”. Later, they asked for the OTS & tenure extension. The then Manager of the Bank agreed to do so but there is no proper response for about a year and, the parties were in faith of getting OTS. However, started repaying some amount genuinely. But now, without serving notices properly to the parties, the Banker has now taken Physical Possession, saying that they had sent notices afresh and the parties didn’t act upon to that.
But this time, actually, the "(new) Symbolic Possession notice" u/s 13(2) has not been served to the Borrower / Guarantor properly since the Banker has mentioned an “incorrect / wrong correspondence addresses” of the Borrower/Guarantor. Also, they are saying that they had sent to the mortgaged property address where only the tenants are living in that mortgaged property but the Borrower / Guarantor lives in some other address and they already given their living address as correspondence address to the bank (mentioning Change of Address) but the Banker didn’t sent the Notice to the correspondence address which makes the Borrower / Guarantor non-receipt of the Symbolic Possession Notice.
So, the Borrower / Guarantor unable to give objection / representation to that notice u/s 13(3A) or to act upon that notice. This shows that the Banker didn’t give time to the Borrower & Guarantor to give their representation, and tactfully, cunningly invoked the Physical Possession u/s 13(4) in the intention of selling the property and published in the News Papers, too, about the physical possession. Now, the Banker locked up the Guarantor's property when the Guarantor had gone out of station and also forcibly vacating the tenants? If asked the tenants about the notice, they are saying that they were not aware of those notices and the postman didn’t tell anything about the notices. I believe it is not the tenant’s or postman’s job to notify the party as they may not aware the subject but it is the Banker’s sole duty to serve proper notices. Isn't it?!
My view is that both the recent notices (Symbolic & Physical) were NULL & VOID as they didn't post to the Correct address and/or didn't given time to act upon that notice served. But, how come the Banker has taken the PHYSICAL POSSESSION? Thus, the Banker creates defamation to the Guarantor / Borrower with their rude approach. Can the Parties sue the Banker and give police complaint against Banker for trespassing the Mortgaged Property? Whether the Parties to approach the DRT or CIVIL Court in this matter? Can the Borrower right to break the lock which was put illegally by the Banker and enter into the property? Because, they (Banker) didn't get the DM / CMM order till now. Will there be any legal implications by doing so? Or, can the parties take photo / video of the locked property and handover the same to Policemen and take action against the Banker for their illegal act?
However, now the Party (Borrower) started paying the dues to the Bank and updates / regularize the loan account. Recently, the Borrower paid around Rs. 2 Lacs (Rupees Two Lacs) towards his Loan A/C in the span of one week time and asked the Bank to restore the possession. But, the Banker did not oblige to restore the physical possession or to revoke the legal actions and not soft to the Borrower. HERE, MY QUESTION IS WHETHER THE SERVED DEMAND NOTICES 13(4) / RULE (8), ETC., BECOMES “NULL & VOID” SINCE THE BORROWER STARTED PAYING THE OUTSTANDING AMOUNT AND UPDATES THE ACCOUNT? IF SO, HAS THE BANKER TO INITIATE THE SARFAESI ACT AFRESH BY SENDING THE DEMAND NOTICE U/S 13(2) AGAIN AND GIVES 60 DAYS MORE AS IN THE SAID ACT? OR, THEY CAN PROCEED WITH THE EARLIER NOTICES? IF THE BANKER IS NOT SENDING THE NOTICE U/S 13(2) AFRESH, CAN THE BORROWER SUE THE BANKER AND COMPEL / INSIST THEM TO RESEND THE NOTICE U/S 13(2)? IN THIS CASE, WHETHER THE BORROWER HAS TO APPROACH DRT OR CIVIL COURT?
Thanks in advance.
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New draft notification of mca
MINISTRY OF CORPORATE AFFAIRS HAS RECENTLY ISSUED A NOTIFICATION WHICH TEND TO AFFECT THE COST ACCOUNTANTS PROFESSION. THIS NOTIFICATION IS IN DRAFT FORM AND MINISTRY IS INVITING SUGGESTION. BUT WITH THE COMING OF DRAFT MANY PROCESSIONAL COST ACCOUNTANTS HAS CLOSED THEIR BUSINESS.IF THIS NOTIFICATION CAME INTO FORCE; 90 % OF THE COST ACCOUNTANTS HAVE TO CLOSE THEIR BUSINESS OR THEY WILL BE THROWN OUT OF THE JOBS. THUS MAJORITY OF THE COST ACCOUNTANTS WILL LOOSE THEIR LIVELIHOOD.
MY QUERY IS AS FOLLOWS
CAN THIS DRAFT NOTIFICATION BE CHALLENGED IN SC BY WAY OF WRIT PETITION OR PIL, BEFORE IT CAME INTO FORCE. AND THIS DRAFT HAS CAME IN FORM OF PRESS RELEASE. BECAUSE IT IS ADVERSELY AFFECTING MANY PROFESSIONALS AND MIDDLE CLASS COST ACCOUNTANTS.IT IS URGENT TO TAKE ACTION IN THIS REGARD. PLEASE SUGGEST THE POSSIBLE LEGAL REMEDIES.
PLEASE SUGGEST THE POSSIBLE OPTIONS AND METHODS OF CHALLENGING THE DRAFT NOTIFICATION.