Srikanth
25 June 2018 at 15:52
Our full and final settlement has not yet been made by the company. It's the habitual practice of that company. whoever demands strongly for the full and final settlement, they will threaten by sending legal notices. Further, the company will not support and fails the employee verification process for such employee.
Last time few employees have been tried to file a police complaint for the delay in salary for the period of almost 3 months. Then they've been terminated immediately and notices were sent to them as the company name and fame have been spoiled and demanded to pay 25 Lakhs to the company as compensation.
It's been more than a year. All employees are feared of getting involved in unnecessary disputes with the company. We all held non-managerial positions.
1. Please let us know whether it is possible to file Winding-Up petition for recovery of salaries under the Companies Act 2013?
2. If yes where to file High Court or National Company Law Tribunal?
3. How long will it take in Winding Up petition?
4. Please mention if there are any alternative processes for effective/speedy results such
(a) Labour complaint
(b) Writ Petition
(d) Criminal Complaint
(b) Civil / Summary Suits etc.
Company Details:
Type: Private Limited Company
Registered at Andhra Pradesh
Working Office at Bangalore
Business Type: IT - Software Desing & Development
Directors: 3 (No.s) All belongs to the same family
Anonymous
24 June 2018 at 18:35
I have just formed a new unregistered partnership firm and also have received PAN and TAN but the operation is yet to start. In this circumstances one partner want to reduce his stake, a new partner will join and some previous mutually agreed clauses will also change.
How to update this modification?
Kumaran
23 June 2018 at 18:59
HI MEMBERS
I WOULD LIKE TO KNOW IF MYSELF & MY WIFE IS LIABLE FOR A LOAN TAKEN BY MY BROTHER AND MOTHER FOR BUSINESS PURPOSE (PVT LTD CO.) FROM CO-OP BANK. THE LOAN WAS TAKEN BY PROVIDING MORTGAGE OF FAMILY PROPERTY AND GUARANTOR WAS A FREIND. CO-LATERAL SECURITY WAS GIVEN AS FRIENDS PROPERTY.
BANK FILED A RECOVERY CASE 3 YEARS AGO AND RECENTLY BANK WAS ABLE TO SELL THE FAMILY PROPERTY LESS THAN THE MARKET RATE AND RECOVER 75% OF THE LOAN AMOUNT. GURANTORS PROPERTY BANK IS STILL NOT SOLD BY BANK.
NOW MY MOTHER EXPIRED AND BANK HAS ISSUED ATTACHMENT NOTICE ON MY WIFE'S PROPERTY WHICH IS INHERITED FROM HER PARENTS AND IS IN THE NAME OF WIFE & HER SISTERS JOINTLY. EVENTOUGH I AM STAYING THEIR I AM NOT A LEGAL ENTITY OF THIS PROPERTY.
CAN THE BANK ATTACH MY WIFE'S PROPERTY FOR NO FAULT OF US? WE ARE NOT LIABLE IN ANY MANNER AND NO DOCUMENTS HAS BEEN SIGNED BY US OR GIVEN GUARANTEE FOR THE LOAN TAKEN BY MY BROTHER AND MOTHER. PLEASE COULD YOU HELP ON THIS TO SOLVE THIS ISSUE. I WOULD BE GRATEFUL FOR YOUR REPLY.
sonavnayak
18 June 2018 at 15:23
Franchisee fees given to a PVT LTD COMPANY registered with ROC-MCA can be treated as deposit to a company and under which companies act?
Fees paid as non-refundable franchisee fees for supply of GOODS AND SERVICES. AFTER PAYING OF FEES AND COMPANY FAILS TO SUPPLY GOOD AND SERVICES AS AGREED within 21-days and business not commence.
Can FRANCHISEE fees be treated as advance deposit paid to co. for supply of goods and services under which company act.
And at the last franchisee busniess doesn't commence even after 9-month also due to company fails to suply goods and servies as agrred upon.
If not refunded by company than what action can be taken under which law ot what other action can be taken under companies law
Abhay Kumar Sethia
14 June 2018 at 18:58
Dear Sir/Madam,
I have received One email from my client that IPR had been appointed by proper authority and I was Requested to fill the attached from (SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
(Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
)
Therefore please guide me at your best that who should I deal with same with the complete procedure.
Parwez Saifi
14 June 2018 at 06:18
Hello Everyone,
Greetings!
Actually i have joined a company in jan 2018, When i got selected i have asked for offer letter or joining letter but he just sent the confirmation mail just by saying we'll provide u later, I had a doubt on company that's why i have regularly asked for documents but they delayed, when i was working they don't have any fixed timings, different rules for payments or salaries, & even they don't pay salary on time, so nothing was good their. & When i asked for support in ramazan that i need to go for iftaar they directly refused. I have told them it'll be difficult for me to work in this condition. They told me to that they're terminating so i have agreed. I have asked for documents they refused, then i told them to send termination mail, but they told me they'll do it later. I had wait for 2 days but they didn't send any mail so i have mail the termination discussion details to my boss in which every conditions are mentioned like salary, documents, time duration. but they didn't respond on mail then i left the company & joined somewhere else. Now its almost 45 days i have continuously calling & mailing but they are not responding even they have blocked me from WhatsApp. Because of shortage of time i wasn't able to visit office.
As the time for eid is coming i have sent a message in flock (Basically an app for corporate like WhatsApp) which has been installed from the working days.
Now they are saying i have hacked & they will file against me & also refused for salary.
Please suggest something good that i can compensate my salary without delay.
Regards
Parwez Saifi
9871044680
somesh
08 June 2018 at 13:02
Dear Sir,
I have some outstanding dues with my client since 5 years now and he is not releasing the same. i have obtained post dated cheques 5 years back which was returned thrice due to insufficient funds. Somehow he managed to pass 5 years requesting me not to take any legal actions as he will pay the amount very soon and i trusted him.
i filed an FIR with police station near my office with the help of court 3 years back, police called him at police station but didn't took any action (may be he might have bribed them) instead they asked us to go to court as it is a civil case . Now i cannot file 138 against him as dates of the cheques is passed, secondly i am bankrupt so do not have enough funds to fight against him. he is a billionaire so he can chuck me out where ever i go against him.
what should i do please reply.
thanks in advance
Mandar
05 June 2018 at 15:22
Dear Sir/ Madam,
Please advice on the small query -
Since I need to apply for Partnership PAN, i need to upload partnership deed, but this partnership deed doesn't have witness signatures.
Please advice do witness signature is important in partnership deed and will it be accepted by PAN authority if witness signature is not available on partnership deed.
Thank you.
With Regards,
Mandar
Anonymous
04 June 2018 at 09:47
Can a company give declaration their own or authorised a person for giving declaration on their behalf.
Ex. I/we XYZ ltd declare that
OR
I ABC authorised signatory on behalf of the Company Declare that
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Absconding case
Hi All,
My friend joined one IT company and dropped resignation email after one week. They asked him to serve 3 months notice period or pay 1.5 lakhs as per their company rule. My friend is not ok with serving notice period. He returned the company asset (laptop) to them. They told him that they treat him as a absconding case.
My friend joined other IT COMPANY without mentioning the previous company's 1 week experience.
My friend's previous Hostel received one letter from the previous company.
Final doubt that, is there any chance that previous company file a case under dual employment by tracing using UAN / PAN number.
ANY help will be greatly appreciated.
Thanks in advance.