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Chhaya Soni   01 October 2014 at 11:05

Premature filing of petition u/s. 117c of companies act, 1956

Respected Sirs,

If a company fails to pay interest for more than 6 months can a debenture holder file a petition u/s. 117C of companies Act prematurely. The maturity of the debenture is not arrived, but due to non payment of interest and also company being chit fund company, the debenture holder wish to get his principle money with accrued interest back. The section is only for the redemption of matured debenture, however amended act says that even if the default is made in payment of interest, debenture holder ask for the refund of principle and interest which is still not notified. Can anybody provide relevant judgments of CLB, High Court, or Supreme Court also please provide your suggestion on the same.

Raju   29 September 2014 at 16:00

Company law 2013 and interpretation

We need to consult an expert lawyer in Company law. I can be contacted at 98102 39840.

archana   29 September 2014 at 14:20

Arbitration

dear sirs
1)
i have procured goods from a supplier for export which unfortunately went into dispute for late delivery and i had to pay a claim to my overseas client.my creditor filed a case for arbitration with bharat merchants chambers and even though i had put across my points the same was not taken into consideration while handing out the award as the creditor is a member of the org and i am not. during my verbal talks with the creditor i was informed that the awards are always granted in favor of the member.
2) also i have not signed any dox related to appointing them as arbitrators.
3)i read in your earlier discussions that the the competition commission of india has cancelled the the rights of association to arbitrate between members and non members on 20 jan 2013, . what is the implication of this.
4) what are my rights regarding appeal in the high court.
5) can we prove their judgement to be biased under such circumstances.

would appreciate your early reply as i can file appeal accordingly.

thanks in advance

kumar polu   29 September 2014 at 13:23

Legal or illegal business



Dear All,



I have One Question Give Me Answer. My Friend Going To Start Online Shopping Business.

He is Provide Services Like : - Recharges / Tours & Travels / Online Shopping / Movie Ticket Booking.

He Want develop The Business Through Matrix Plan ( Affiliate Market ). It Mean Introduce To New Customer In Business.

He is Charge Rs.100.00 For Sign Up In Site. He Is Distribute To Customer Rs.65.00 By Cash, Rs.15.00 By Shopping Point & Rs.20.00 Site Maintaince Charges keeping.

His Main Business is Commission Earn From Recharges / Tours & Travels / Online Shopping / Movie Ticket Booking. ( Customers Shopping Points Redeem On Him Sites Only ).

In This Business Not Have Any Fraud & Losses of Customer.

Please Tell Me This Business is Legal Or Illegal as per Government Rules.

Surrender K Singal   29 September 2014 at 12:18

The msmed act 2006

Are there any decisions covering defaults of Sections 22 & 23 of The MSMED Act, 2006, as most of Public Sector Buyer organisations remain illeterate / ignorant / callous about such mandatory provisions to be complied with by their statutory Auditors ?

Ajay   28 September 2014 at 12:21

Open preschool in gujarat

Hello Sir,

My wife wants to start a preschool in our residence area. May I know what are the legal permission to run the preschool and daycare in Gujarat state? I have heard about a 'Bal Mandir' permission from education department is required, is it true?

Please help us.

Din Dayal   28 September 2014 at 11:18

Minority / small shareholder's director

As per my understanding , Section 151 of Company Act 2013 , provides for appointment of Minority / small shareholder's director and draft rules give the procedure for the same .
Will this provision also apply to a govt. controlled listed company , which does not have such a post of director in the Article of Association of the company ? .Or shall the company have to amend the Articles to permit this . Kindly clarify .
Regards.

mcdeepak   28 September 2014 at 11:01

Fraud

I had worked for a org from 2010 from 2012 salary dates slipped and by dec 2013 we had 6 monts salary due and TDs deducted in 12/13 salary has not been remitted to IT and we have got demand notices.
This Org claims to have turnover 1245 crs and profit of 88 crs reserves 411 crs and eps 32 , but still claim no fund for salary, and TDS and PF
Has huge loan of 3900 crores as per Charge account allocated by various banker more than the current assets, and modgaging the same Fixed assets.VAT and ED dosnot taly the turnover
how do we recover and also report this financial fraud without damaging our life, can I get some solid support.

arvind   28 September 2014 at 10:40

Cash credit loans

Dear sir
I have take a cash credit loan from vijaya bank. I have take loan under ssi scheme. and mse scheme. it is a CGTMSE loan.
I have supplied goods to all shop.and i have got invoice and delivery Callahan.

Sir i am getting calls from banker to repay. the say that they will file police complaint and civil suits and DRT cases against my firm. and they say they will arrest me. What they can do sir police complaint or DRT or Civil Case.

Can i file case based on invoice and delivery Callahan.to claim they amount from my customer.

Naveen Jain   27 September 2014 at 21:03

Business process outsourcing

hello sir,

what are the requirements for opening a BPO. ??

if some one already has a BPO licence ,but some foreign clients are interested to contract with my company . can my company take his licence on lease and then contract with the foreing client and work?