aashish ramnani
29 May 2014 at 22:20
dear sirs
i m son of one the three directors in a pvt. ltd. company.
my father died this march and now other 2 directors dont agree to take me his position as per will of my father i m a legal heir of all his property and legal things.
now i wanted to know about my rights and how can i make the other two directors for the settlement of the same.
sandeep
29 May 2014 at 14:10
hi,
On 20/07/2011 i had taken a bank guarantee for 3 lacks from state bank of hyderabad (sbh) on fixed deposit,which is valid for 3 years(both fd and bg i.e 19/07/2014). They have given the documents for properly (in doc's it expiring on 19/07/2014)but in their database they entered bank guarantee is valid only for 1 year(i.e expired on 19/07/2012). Now recently i had applied for citi bank credit card,they rejected my application by stating that i have 3 lacks loan from sbh and not paying emi's properly.
I contacted the sbh bank manager ,he showed me in their database it is expired on 19/07/2012,and he corrected it there it self. He said the cibil score will be automatically corrected by next month.
what i have to do now if cibil score is not corrected? and one more doubt is how bank guarantee given on fixed deposit will become loan even after no one claimed it though they have my fixed deposit with them .
sachin
28 May 2014 at 13:39
Dear Friends, what are the permissions/approvals that would be necessary to start a bakery business in mumbai city. The products such as bread, cakes and biscuits shall be made and sold. Regards Sachin
Anju
26 May 2014 at 19:15
Dear Sir/Madam,
My friend had been using the mobile services of a reputed telecom. Later she paid the dues and cancelled the services,and received the cancellation number for the same. Thereafter every month the company kept sending the bill with amount due as zero, though the services was cancelled, for which reply was sent with the cancellation number. Now they send a legal notice stating the bill amount as Rs.2068/-.
Request your valuable expertise on the same. Thanks.
Pavani Bayyana
26 May 2014 at 13:58
Dear Members, I have taken loan of 150k from one of my colleague in 2011. My colleague used to give these kind of hand loans to many other colleagues who are needy, however the rate of interest is little abnormal, which is around 3% per month compounding monthly. As I need funds in emergency, I don’t have any other option except to take loan at that rate. We have even exchanged emails wherein I have even acknowledged the rate of interest and the interest calculations thereon. I have repaid part of the amounts which of course he set-off against the amounts due and I am still left with a big chunk of these amounts approximating to 200k. I have also given undated cheques for repayment of principal and estimated interest component thereon.
Things have changed now and I was in deep financial troubles, wherein I could not repay these amounts and recently my colleague (of course now become ex-colleague as he resigned from this company) deposited the cheque and sent me a cheque bounce notice under Negotiable Instruments Act.
I don’t have enough money to repay this debt, and I have already taken enough extensions so that my colleague is not granting any other extensions for repayment any more. He is also not agreeing for any waiver in the amounts payable to him and I am helpless.
Do I have any way out or any possibility where I can challenge hefty interest rate or amount payable to him ?
Members, please help me out..
aditya
26 May 2014 at 13:15
is approval of Sharehlders or Board of Directors is required before entering into a Business Purchase agreement? What are the provisions dealing with this under company Act 2013? Are there any rules regarding the same?
pushpakrishna
24 May 2014 at 19:08
Dear Experts,
A cheque is given by a person for discharge of legally enforceable debt bounced due to insufficient of funds in his account.issued a statutory notice though he did not respond to pay. under these circumstances can i file a complaint U/S 420 of IPC along with 138 of N.I Act.or not ? kindly advice in this regard.Thanq in advance.
Rajeev Varshney
24 May 2014 at 18:42
Sir,
We are putting our problems as follows before Hon'ble sir for better solution
1. => That Chandrakanta Banarsi Dass Public Society has applied for loan from SBI (SME) Branch Aligarh for establishment of primary education institution which is to be opened in the name of Rapid International Academy and project was submitted to the bank for worth Rs. 13 Crore.
2. =>That concerned bank has sanctioned on 20-02-2010 on Rs. 2.80 crore and assured to pay the balance after some time. We have invested a huge money worth Rs. 7 Crore in the construction of building and other equipments and the Institution had started in the year 2011-12 and continued upto 2012-13 but due to financial crises institution could not continue for further period as bank did not support us and had totally refused to pay the balance amount as per project.
3. =>That we have deposited about worth Rs. 1.70 Crore to the bank. The accounts of bank are not maintained regularly in the course of business. The bank has failed to comply its assurance as given prior.
4. =>That our account recorded as NPA on 30-09-2013 at the amount of 2.57 crore and notice under section 13 (2) of Sarfaesi act was issued. We have replied the same in time, but no relief was given by the bank. Then we have filed S.A. in the year 03-03-2014 before D.R.T. Lucknow. The bank has also filed O.A. against us before D.R.T. Lucknow. No reply was even filed by the bank in S.A. though many dates have been fixed by the Tribunal for filing objection.
5. =>That an O.T.S. proposal was given to the bank through D.R.T. Lucknow to settle the case in worth Rs. 2.25 Crore but the bank did not accept the same.
6. =>That are all properties are mortgaged in favor of bankhaving present market value worth Rs. 15 Crore, as per bank value arrives about 11 Crore, now bank is threatening to us that we would not compromise in this case as more costly properties are mortgaged in bank’s favour.
There are following grounds of default on behalf of bank:
(a) -->That bank did not mention all the properties in notice 13(2) and afterwards bank has issued Notice U.S. 13(4) disclosing all the mortgage properties though in section 13(2) all mortgage properties are not disclosed.
(b) -->That no notice under section 13(2) and 13(4) were sent and served upon guarantor’s address.
(c) -->That in our account some amount was falsely debited the bank.
(d) -->That bank is not accepting our O.T.S. proposal as given by us for settling the account for worth Rs. 2.25 Crore
(e) -->That Bank is proceeded further in recovering the arbitrary amount against us and a possession notice was posted upon the property on 18-01-2014.
Kindly provide better solution in our interest so we can relieve the facing problem as on today.
I will be highly obliged.
With Thanks
Rajeev Varshney
President
Chandrakanta Banarsi Dass Public Society
+918881525251,varshney.k.rajeev@gmail.com
Sanjeev Hota
23 May 2014 at 21:30
"A" agreed to buy a house from "B" at 70 lakhs and proposed an advance amount to "B". But "B" did not agree to the proposed amount as he wanted a bigger advance. So "A" gave an token advance of 10 lakh with an assurance to "B" that he will pay another 10 lakhs by next week. Two days after this "A" said he doesn't want the house and wants the advance back. But "B" in the meanwhile spent part of the advance already and was not in a position to return it immediately. " A " is threatening to file a case against "B" for not returning advance. Is it possible that he can do so when he has gone back on his words?
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Loss & damages claim
Ref: 1) Memo.No.CMD/CGM(HRD)/GM(S)/AS-DC/PO-C/F.No.3411-C2/12-17 Dt: 22.04.14.
2) Consignment no: SPL 655429 dated:29.04.2014 of M/S The Professional Couriers, Sathupally
I N Krishna Prasad SA (Retired on 31-05-2013) from ERO/APNPCL/Sathupally wish to submit the few lines for your kind consideration.
The company confirmed the financial involvement of Sree Ch. Sammaih Ex-AAO/ERO/APNPDCL/Sathupally vide reference cited 1st along with mine quoted specific conclusion as “Sree Ch. Sammaih Ex-AAO/ERO/APNPDCL/Sathupally is alone involved in the financial irreugularties in ERO/Sathupally. He misused the unit staff and spoiled the life of best workers along with the damage of Company’s good will “passed by me which is not part of punishment area apart of explanation submitted.
I incurred the loss of Rs 2,24,800/- ( Rupees two lakhs twenty four thousand eight hundred only ) because of defamation caused by the act of Sree Ch. Sammaih Ex-AAO/ERO/APNPDCL/Sathupally during his tenure vide reference cited 1st cited as per details given below.
1) Bank Interest loss from 1.06.2013 to 31.03.2014 ( 10 months )
On retirement benefits Rs 750/- per lakh * 14,00,000/- * 10 months = Rs 1,05,000/-
2) Penalty @ 5% on pension for 24 months ( Rs 825 * 24 ) paid to
The Company on administration grounds = Rs 19,800/-
3) Damages against defamation caused by the act of
Sree Ch. Sammaih Ex-AAO/ERO/APNPDCL/Sathupally = Rs 1,00,000/-
_____________
Total Loss Rs 2,24,800 /-
_____________
Total Loss Rs 2,24,800/- (Rupees two lakhs twenty four thousand eight hundred only)
In this connection I requested the Board of Directors to award major punishment to Sree Ch. Sammaih Ex-AAO/ERO/APNPDCL/Sathupally based on the facts recorded in the amended final order vide reference cited 2nd.
Now I am requesting to furnish the status of the Company action under RTI ACT 2005 for take up the matter for taking necessary action. In this connection I am here with enclosed the Crossed Indian Postal Order for Rs 10/- duly drawn vide IPO NO:46c 573229 &573230 dated: 20.05.2014 in favour of account officer, APNPDCL payable at the Warangal
Advise me for further proceedings