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Goapl Garg   18 May 2015 at 08:53

Bank projecting legal heirs as guarantors with any documents

My family consisted of my Grand Mother-father-mother-myself(23yrs old son,student)-my sister(19yrs old student).My father was a working Director in a private ltd company and had demised recently one year ago.After his demise we came to know that our residentail house was under a mortgage for a loan of his employer company. Myself and my sister stay in two different city for study purpose.After demise of my father and we brother-sister in college campus, my mother and grand mother have been made to sign documents pertaining to the mortgage continuation by employers. we, brother-sister have not signed any document as yet.There have been good relations and the employers were also good people.Now we came to know that the employers could not make payment to Bank.

About six months ago Bank sent four separate notice vide section 13-2 of sarfasi act asking us to make payment of the full loan we all four have been described as gurantors being legal heir to my father. A protest letter was sent to bank on my and my sister behalf that we have never been a party to any documents and execution and can not be asked for payment and can not be termed as gurantors, just we are legal heirs.The Bank deleted our names(my and my sister:s) from all of the letters etc issued thereafter.Now suddenly the Bank has pasted a Notice on the wall of of our house under section 13-4 and have got it published in two newspapers. and in both pasted notice and newspaper insertion our names have also been re-added as Gurantors.

Sir, we brother-sister are student, do not have any finance, and have not signed any kind of documents any time and we are now facing very bleak situation in society, circle, college-university and we stand to face a lot of issues in our carrear, employment and higher studies by being entangled in such issue.

We sincerely seek advise:

01. Have we brother-sister become Guarantor without executing/signing any documents just because we are legal heirs of our father?

02. Is the Bank rightfull to treat,brand us as guarantors and do the same treatment with us what it can do with my grand mother and mother?

03. How can we discharge any liability of the employers(big amount) when we do not earn etc?

04. If Bank is not correct then what should we do ?

05. Can we ask bank to withdraw both the notices? in the way they have issued them?

The matter is very serious and urgent.
Please advise us.
Thanks in advance

Jeetender Gupta   17 May 2015 at 17:57

company winding up Impleadement

Court already appoint provisional liquidator in a winding up petition by another unsecured creditor. What is the remedy left with all other unsecured creditors - Filing fresh petition (otherwise infructuous) or Impleadement Application. What if existing petitioner eventually settles & withdraw petition & limitation period for others be over by then. What is the safeguard?

jiten   15 May 2015 at 10:29

Need your help

very good morning to all of you,
actully i need your help,thing is a private company wants to search some party's address for his legal matters,matters is going on in court but summons not served to that party's ,company requested to court to grant some time as they are going to hire security service for the same and sumbit the adress in court with in a month,court granted the same.

now company wants to hire secuirty service for party's address only(so that summons can served),so company wants to execute the agreement for the same can you pls send me draft of agreement,what is the responsbility involve of both the party's in agreement.
kindly help me.
regards.

Taral Narendra Shah   12 May 2015 at 16:21

Director disqualification

If one person is director in 5 Pvt Ltd Companies and out of these 5 Pvt Ltd Companies, 1 Pvt Ltd Company has defaulted in filing balance sheet and annual return continuously for 2 and more years than whether that director will disqualified as stated in section 164? Further this director DSC is not accepted by MCA website while filing balance sheet and annual return of other 4 Pvt Ltd Companies.

Please guide and Thanks

Bishnu   12 May 2015 at 15:21

Consideration other than cash

Dear Sir,

Our company (Farmer Producer Co.) got Capital Support From Govt Agency . when we allot shares to shareholders then it's shares allotted for cash consideration or consideration other than cash .


nayan   12 May 2015 at 01:32

Non profit earning unit

can a private limited company declare one of its unit as NON PROFIT EARNING UNIT means directors of that company will not take any share/part from the profit earned by the unit?

Anonymous   11 May 2015 at 19:39

job related

Dear sir Iam suffering lot financial problems so I deside to work two company's in marketing field as a regular employee currently Iam working stockbroking company as a relationship manager I got another job in bank as a asst manager both jobs is marketing role. If I work both companys legally any problems will be accured. Some body suggeste if u work both company's They will trace your PF A/c and both companies dismisse you and u r not eligile for 3years to get private jobs also. Iam totally fear about this issue please clarify me. Its legal or illegal to work dual companies in day time as a regular employee
Regards,
Samiulla s

V M DAHAKE   10 May 2015 at 22:15

Rddb act 2003

Suit filed by the borrower for damages and subsequent suit for recovery filed by the bank were transferred to DRT and decided by a common order. Suit for damages was awarded against the Bank. Bank had not challenged the jurisdiction of DRT in damages suit then.
a) Can bank in appeal before DRAT, challenge the jurisdiction of DRT to decide suit for damages filed by the borrower before the bank filed suit for recovery?
b) Would situation be different if bank had earlier contested the jurisdiction before DRT itself?
c) Any other opinion /advice?

siddhesh   10 May 2015 at 11:37

I want leave job without serving notice period

Can I leave my job without serving notice period. My six months contract is over. Please suggest.

harshita agarwal   07 May 2015 at 15:19

Company law

A resolution passed by the Board of Directors is not proper in law and is not effective. When the defect in the resolution is not procedural then how can we challenge the resolution?