Sneha
18 August 2015 at 18:09
My Husband was a partner with his relative and this partnesrship firm took loan from Bank and Original Title Deed of our Flat( registered in my name)was given as security to Bank.My husband demised three years ago in Oct0ber-2012.The Loan account was settled with the Bank and My Title deed and my personal gaurantee was released by Bank as per advise of our partner.Our family did not remain partner but the firm continued with other partners after due formalities and continued banking withe same bank.The newly constituted firm again obtained loan from the same Bank but there was no mention of my property and my name anywhere in the sanction letterin Dec-2012.
But the Bank did not return me my Original Title Deed and also never replied any of my letter, mail etc. Being alone, senior citizen and affected by Breast Cancer I moved to US to my daughter but continued writing to Bank to deleiver the Title Deed to me, to my designated person against valid letter of authority, but the Bank did not return the same to me or to my person.Our earstwhile partners maintained that they have released it and as usual started lacking interest in the matter.
It continued for 30 months till June-2015 when my daughter wrote letters to CMD and other dignatories of the Bank and asked for monetary compensation towards 30 months(for accurual monetary benifits had I recd the deed by renting/selling) only then within 07 days the Bank themselves went to my local house and handed over the same to my designated person against proper receipt with intimation to me over mail. I now have original Title Deed with me.
But sir, the Bank has acted in very negligently and harrassed me for 30 months and also deprived me from any monetary accrual which I could have either by selling it off or renting or otherwise.Instead I had to keep a person there since then for its up keep and spend substantial amount for the same.
I wrote to the Bank for reasoanble compensation(in line with fair market value of the property) for 30 months delay but the Bank has flat;ly declined in writing and says that you had your property phyisically under you and have enjoyed it and hence you are not entitle for anything from them.
I feel the Bank has done great injustice to me by harrasing a senior citizen,widow, alone with only a married daughter in far US.
What can I do in this situatuion.Frankly I am well off, has been very mistreated by Bank, and feel very very outrageous and can afford any kind of statutory action againt the Bank and concerned officials as I feel that this should not happen with any one like me and these PSU executive should learn to behave properly.
Please opine.....Thanks & Regards....
Goapl Garg
18 August 2015 at 17:21
I used to hold 11% shares in a private limited company and my other associates held the balance holdings(only two other shares holders, husband and wife in equal proportion).I was not a Director and both Husband and wife were Directors.The company obtained credit facilities from Bank and Three Residential Properties were mortgaged as colletaral securities. One Property was mine and Two belong to Husband and Wife duo.Owing to strained I parted ways and it was agreed that my property shall be subsituted by another property of equal vale by my associates but it did not happen and the Account became NPA.The Bank intiated action under Sarfaesi Act. 13(2) and 13(4) formalities are over with symbolic possesion and paper publication.The Bank has made application u/s 14 of the act to DM for permission for physical possession.
I obtained a copy of the Bank"s application u/s 14 under RTI from DM-Office and found that the borrower and gaurantors are described correctly as 01.the company 02 myself.03 My ex-partner 04 My partners Wife.
In the schedule of Motgaged Assets, all three Properties have been described as A-B and C.
A belong to me and B & C belong to Husband-Wife duo(my ex partners).
But to my surprise I find that the schedule of property under (B) has been totally defaced by whitner and its title deed copy, possession notice copy is not enclosed. However all documents pertaining to A & C are attached.
The Original Application is duly notarised and signed by the AO of the Bank on all the documents.
It means that the DM would pass the order for property A & C only because property description of B is originally typed but later totally defaced by whitner.
I have pointed it out to DM-Office who says that they have issued copy of the documents as it is in condition which they have received and could not see the defacing as it happened inside pages of the application.So by their statement the Bank has submitted(thru one advocate whose Vakalatnama is also filed) the application in the same condition.
I am now very confused as what will happen now" and whether such application is valid and can be considered by DM? How the Notary has done attestaion on defaced pages? How the AO of the Bank can sign on original papges wherein substantial defacing is done? But it certainly indicate that though 13(4) is done for all three properties, One property is being sought to be lett off. All three properties lie under same DM jurisdiction. My dealing advocate is also little confused as to whether I can do anything as DM office usually do not entertain gaurantors and issue notice to lender and bprrower company.
It is certainly case of connivance, fraudulance and I need Honourable Experts Opinion about:
01 Is such application tenable for processing at DM Office?
02 Is there any remedy to bring the same to the notice of it to DM and Bank"s Authority?
03 Is there any Legal remedy available where such malpractice can be exihibited and guilty can be punished?
04 Can DM entertain such application and Pass order for the two properties only?
I am ready to fight till end to save my property..Please advise.......
Anonymous
17 August 2015 at 11:45
My relative was working in private company and in running job time she attended company training (Rs.8000) and sign bond for six month in case any person exit before than will paid 8000/-
Now due to medical emergency (high risk pregnancy ) she left job in 5 months. company not given experience later till she will not pay 8000/-
so any relief rule for medical ?????
Digvijay Singh Malik
14 August 2015 at 16:31
A awarded a contract to B to take parcels in his trains from X to Y for a period of three years. After completion of the said contract period B asked for a extension for two years. Hence, extension for two years was granted by A to B. During the period of extension of two years B was found indulged in the practice of overloading. A terminated the contract of B. A After conducting an enquiry of the same it was found that overloading was not done by B. A took 50 days to found out that the overloading is not done by B and there was a wrongfull termination of contract.
Now B is seeking a claim of Rs. 1,000,00/- from A as a loss of profit which he has to earn from the parcel services if his contract was not terminated.
Can this be defended in arbitration & his claim can be set a side or A has to provide the compensation.
Akhil
14 August 2015 at 13:45
Dear Sir / Madam,
I had worked with Devans modern breweries ltd for about 3 months wherein i was on probation period as per appointment letter i probation period company may ask me to leave on one day notice but employee side was not mentioned so i am presuming that it has to be the same, so i left the company on one day notice and now they are not giving full and final, can i challenge their decision.
Regards / Akhil
khokan majumdar
13 August 2015 at 15:15
respected sir,
chief medical officer of a multinational company should be under company safety officer or not? please advice.
Regards
khokan majumdar
S Singh
13 August 2015 at 02:11
Sir,
Plz. take this like an academic query.
1. Ram takes loan of Rs. 1,00,000/- in cash from Shyam.
2. Ram deposits the cash into his bank.
3. Shyam asks for his amount back from Ram.
4. Ram denies to give back.
5. Shyam lodges an FIR and also files a suit against Ram that the loan was taken by fraud and forgery.
6. Cases are pending in both the Criminal and Civil Courts.
7. Bank came to know that the amount kept in the name of Ram actually belongs to Shyam.
8. Bank handovers the amount to Shyam and issues a letter to Ram informing amount debited and closure of account.
So is the Indian Contract Act, 1872, sections 39, 73, 151 and 153 applicable in a suit against the breaching party i.e. "the Bank"?
Can a Suit for compensation of damages arising out of anticipatory repudiation (breach) [under sec.39 of Indian Contract Act] be filed by making only the bank as party and be successful?
Can compensation be received today by Ram even if the Criminal and Civil Cases are pending?
Deepi Saini
07 August 2015 at 17:14
Legal Heirs are British Nationals of Indian Origin. Both parents dead. They have shares in demat and physical formats. Total market valuation of shares are over 50 lacs. There is no nomination of Legal Heirs mentioned in Demat and Physical formats.
What all documents are required for transmission in name of legal heirs? Since legal heirs are foreign nationals, succession certificate/probate of will be applicable for them or not.
kusam
07 August 2015 at 03:36
if co is closed u/s 560 is any case of any type be filled against closed pvt ltd company
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Division among partners and directors and shareholders
can any partner or director arbitrarily without settlement of accounts or acceptance of the date for division takeover a company or firm and by fraud change the shares of the company or partnership without the knowledge or attorney of the person whose shares have been changed .
what should the Arbitrator if made do , whether to accept the date of division or verify the facts and if facts are correct as said above can the guilty be booked under any criminal act and partnership act and companies act