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Rahul Lahiri   06 October 2014 at 16:34

Company law - change of members of a section 25 company

I have a query relating to a Section 25 company limited by Guarantee. The company has not been functioning since its incorporation.Hence the existing management decided to transfer the company to some interested personnel who became directors of the company and the existing management resigned from directorship. Now, let me know the responsibility of the members of the company. is there any process to change the members of the company? Please reply.

sundaram   06 October 2014 at 13:53

Anti drug certificate

I need Anti drug certificate for my visa process to travel UK.


Could you advise where i can get the certificate.

Lokesh Sharma   05 October 2014 at 23:48

Fraud committed by brother

Dear Sir/Mam, My father had a shop in which he was the proprietor. my uncle also used to work in the shop with him. My father opened a new shop and allowed his bro to run his earlier shop. Now there has been disputes and it has come to our knowledge that he has changed the name of the shop. The earlier name of the shop has been brought down. We have both emotional and financial attachment with the shop. Please let me know what action can I take? The shop is owned and is on a land which is co owned by my father and his 3 brothers. The earlier license was in my father's name but we don't have a copy of the same and I am not aware of the current license.

Yogesh Kumar Gulati   04 October 2014 at 15:00

Recovery of debt from a pvt. ltd company

A pvt. Ltd. company owes our about 6 lac rupees for the cost of Diesel provided to them on Credit. We have obtained a Certified Copy of their Balance Sheet dt. 31.03.2013 from the Registrar of Companies office. In their Balance Sheet dt. 31.03.2013 they had shown Rs. 10 Lacs as Trade Payable to us. After 31.03.2013 they have paid us Rs 4 lacs by NEFT & cheques. Remaining Rs. 6 lacs is still outstanding. Thus the debts seems to be admitted one.

We have sent them many emails, sms & letters but they are not replying, However on phones they always requests time for payment. Recently we have sent them a Statutory Demand Notice for winding up of the Company under Company Act. The notice was served upon on 05.09.2014. However, they didn't bothered to reply.

Now, our query is -

1- What is the best option/recourse available to us ? -
a- A suit for winding up of the Company or
b- a regular civil suit.

2- What other documents we need to collect to prove our case ?

3- Whether, it is advisable for us to wait for another 2-3 months as the company has yet not filed their Balance Sheet for 31.03.2014 with Registrar of Companies and its last date is now 31.12.2014 or we should proceed immediately without collecting their Balance sheet for 31.03.2014

4- The Company has its registered office at Jabalpur. We, too hails from Jabalpur. So, where the winding up case needs to be filed?

5- The Company's balance sheet for 31.03.2013 shows that they have enough cash & bank balances but in order to dupe us they are not paying. Its directors have very poor payment reputation in business circles. They are doing so with many of the creditors. The applicant personally know atleat 3 of them.

6- whether summary procedure under order 37 CPC is applicable in our case ?

7- what are the chances of success in the case?

Please suggest.

Yogesh Gulati

Anonymous   04 October 2014 at 11:08

fraud towards anaj mandi

Sir,
Few Entities has purchased some goods from farmers on forged anugya patra. Towards which mandi athourity has asked penalty along with mandi tax. Some entity has duly paid the same. After long time of aprox 1 year from the date penalty was paid mandi athourity again taking action has made fir and arrest warrent was issued for all including those who had paid penalty

Now the query is can mamdi athourity take such action against the entity who had paid penalty n that after such long time

Vikram Patil   02 October 2014 at 23:18

How to change proprietor

Dear all,
I am a sole proprietor of a trading firm. Can I make my brother proprietor and resign myself from the firm without changing my firm's registration?

GOUTAM ROY   02 October 2014 at 22:26

Banking customer

My daughter's school has a fees arrangement with a bank where we use to deposit school fees. In this case shall we be treated as customer/consumer or not, please provide the reply.

Shyam Lal Naik   02 October 2014 at 20:35

Din of foreign nationals

Dear Experts,
Can you please advise, whether Pass Port of foreign national shall serve the dual purpose as Id proof and address proof for DIN application of a foreign national.
OR
We need to submit a separate proof of address.

Thank You.

Shyam

Harish Soni   01 October 2014 at 23:20

Coaching institute

I am from ajmer (rajasthan) I want to know that is school level coaching institute comes under commercial activity. and can coaching institute run in residential property. Is their any registration required for that.

Anuraag Radhakrishna   01 October 2014 at 14:43

Casting vote of chairman

The Articles of association of the company allow the Chairman to have a casting vote in case of a deadlock. At the beginning of a general meeting the chairman is appointed by show of hands pursuant to Section 104 of the Companies Act 2013. When a poll on the same is called it leads to a deadlock due to which the Chairman uses his casting vote to appoint himself Chairman for the rest of the meeting. Would he be allowed to do so??