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n v subba rao   15 September 2014 at 17:21

Implementation of company law board order

Hi,
Few days back we won a case in CLB. Now we are 100% owners of a private limited company. But other party still occupies the premises of the company. How do we make him vacate legally? Local police may not understand or just avoid to help claiming this is a civil case. And we may have to face false cases.

Who can help us legally in taking possession of the company premises?

Can we get any direction from court to the local police and/or revenue department to help us in taking the possession of the company premises?

If so, which is the right court ( CLB/High Court/Local lower court)?

Thanks in advance

ananda reddy   15 September 2014 at 14:52

Partnership deed

Respected Experts One of our Registered Partnership firm (consisting of 4 members) dissolved on 9/9/2014.There is no fixed assets in the name of firm. kindly advice there is any deed of relinquishment is required in this regard.

sachin   15 September 2014 at 10:26

Legal status of poa in case of death of one of the executant or constituted attorney

Dear Friends,

What would be the legal status of the POA in either Of the under mentioned scenarios:

1. Where 3 persons (Executants) give POA to one person and one of the Executant expires?

2. Where one person gives POA to 3 persons (Constituted Attorneys) and one of the Attorney expires?

Warm regards,

Sachin

Naved Ahmad shah   15 September 2014 at 01:01

Registration of an it firm

Respected Sir,

I have to open an IT firm in Lucknow
so i have decided first to register my firm on UPLCO website and after 5-6 month i will register my company from ROC(registrar of companies) is this will be legal?????

Virendra   12 September 2014 at 16:01

Vat and cst registration

Dear Sir,

Please confirm the address of the office from where the VAT and CST registration can be applied.

I stay in Dwarka New Delhi. ( would appreciate the nearest location)

Anonymous   11 September 2014 at 15:22

Victimisation by Bank

We a Pvt. Ltd. Firm, wherein my brother, his wife, myself and my wife were the directors. We were enjoying credit facility with our Bank, duly secured against our colateral assets and debtor payments.
In year 2008, due to heavy recession, our Co. underwent immense liquidity crunch. Our Bank turned down our request to enhance our credit limits. We then decided to sale off our joint household asset which was FREE FROM ANY encumberance.
However at the juncture of public sale notice. Our Bank intervened with objection against sale, as me and my brother were personal gaurantors to the company loan (no earlier recovery demand was made by Bank and all our collateral assets were still undisposed Year 2009)
Me and Brother agreed to handover our entire share to Bank subject to clearance of all Govt. Liabilities owed by company.
However after reciept of first installment of payment from our builder, Bank retracted from making payments to Sales & Service Tax.
Upon which we intimated Sales & Service Tax authorities to attach our personal accounts, where 2nd installment of payment was to be recieved.
Sales Tax dept. attached the account prior to reciept of our payment. Bank failed to make payment to Sales Tax. Sales Tax dept. then attached our other collateral securities, however all the payments recieved against sales of those securities has been kept by Bank in Suspense account to hide the details from persuant Sales Tax dept.
At current juncture still one final assest remains undisposed. Tax liabilities now have doubled. Further due to such grave act of Bank, our company has completely derailed and many Bank Gaurantees remain invoked by our clients. Company has remained defunctional since 2009. Bank on other hand has kept charging us interest.
My query,
What sort of legal action should I initiate against Bank.
Can I seek compensation from Bank for the loss of buisness and Bank Gaurantee invoked.

Jacob M N   11 September 2014 at 10:44

Assignment

Hi,

Want to know if there is a fundamental difference between transfer deeds and assignment. We generally talk of assignment with relations to transfer of claim, right etc.

But isn't unconditional assignment and sale practically the same. There may be some cases when the two may not amount to the same and there are of course some minor differences.
For example what would be the difference between an unconditional assignment of copyright and sale??

Again, we talk of assignment of insurance policies. Isn't it as good as transfer of all rights / ownership in that if it is an unconditional assignment.

Can you pls throw some light on this as I am about to draft an assignment deed and need some clarity. Your guidance will be greatly appreciated.

Sanjay A   11 September 2014 at 08:19

Owner's responsibility for payment to sub contractor

Dear Sir,

We are subcontractor who have executed part of project on behalf of turnkey contractor. The main contractor is in dire financial condition due accrued losses of earlier executed projects. They are in process of declaring themselves as Insolvent. There payments from the owner for which we have executed, are being taken entirely by their Banker.

Currenly our employer is due for last installment of payment from the owner.

Require guidance for how we can legally intervene and get our outstanding dues paid.

Regards,

Sanjay A
9049 474747

Din Dayal   09 September 2014 at 11:21

Appointment of directors under company act 2013

Section 160 of CA2013 says that a non retiring director seeking confirmation / appointment needs to file application to company either himself or thru a member with deposit of Rs 1lac.Deposit was only Rs 500 under CA 1956. My queries are-
1)Does enhanced deposit apply to additional director of a public sector company , recommended by the company board , seeking confirmation from ensuing AGM? If not , then why ?
2)Can a public sector company extend a loan to such addl. director for seeking candidature of directorship If yes , then under section of ACT.
KIND REGARDS

Suman M   04 September 2014 at 13:42

Credit card bill old debt

Hi,

I had a Credit Card forcibly given to me by ABN AMRO bank in 2006. I was just 18 years old working part time in a call center before joining degree college. This bank is closed now. I am recently getting calls now after 7 years by Kotak Mahindra Bank (Pheonix ARC) telling that i have 24,500 rupees balance in it and i have to make a payment immediately.

I don't remember having an outstanding balance on that, but they have sent me the card statements which has transactions in mobile showrooms back in 2007. Since the ABN AMRO bank is closed now and i have not been aware of this for so many years... what options do i have?

They DONT have any of my details like address, PAN, passport etc because i didnt have these documents in 2007.

Can this outstanding balance effect my CIBIL score when they DONT have any of my details... i have been getting loans and credit cards without any problem for last few years.

what is the law for stale debts in India?

Can i dispute these charges and refuse the payment?

please advise...........