Ravi kumar
22 October 2012 at 19:44
whether sale of land of company by a director authorised to negotiate for dealings for sale and settle the bank loan.
Is this activity is ultra vires and what is the consequence of this transaction on buyer, who has purchased and paid the consideration to company in good faith.
Hie Everyone,
My father had invested in PVT LTD CO.
Now I had to get the money back, IT is nagpur based company .
Please can any body help me how to reply or get money back from that company.
(Mca) will help ???
koteswara rao jonnalagadda
22 October 2012 at 02:40
respected experts,
namaskar and wish you happy vijayadasami.
sir,
i have taken aloan from icici bank of rs 13.5lacs by mortgageing my residential property in sep 2008,on following terms.
type of loan-home equity loan-resident ind
amount sanctioned-13.5lacs
rate of interest-16.5%floating.
term-180 months.
e.m.i-rs19127/-p.m
on the above terms i have taken loan with a pre closer charges of 2%
since my health was badly effected and my age is 57years,doctor advised me to take rest by redusing all my stress,at this juncture in the month of june 2012 i went to the bank to find out my out standing balance for making arrengements to close the a/c.
for my shocking they told me my out standing balance is rs12.6 lacs,where as i have paid till may-2012 rs8.77 lacs,that means roughly.9 lacs adjusted towards principle and balance 7.9 lacs adjusted towards interest for 44 months.after getting back the principle also bank is charging on the original borrowing for this
type of deduction i never signed any document.at this juncture i kept money in my savings bank in the month of july ,
and writing letters to close loan a/c as per my caliculation it is approxmately 8to 9 lacs this money i kept at bank for more than 3 months and written 4 registered post-ack letters and 6to 7 e-mails but they are not coming forward to close my a/c or to show me my written commited letter as they are caliculating and buyfercating interest and principle component.
which is the right governing body or judicial body to solve this issue .
iam still paying regularly the emi's every month,bank is taking the advantage of sarface act.kindly guide me i am not interested to continue the loan,in the mean time i undergone for open heart surgery on 13 th aug 12 due to this torture this also i brought to the notice of the bank but no reply for it.
i am in multible losses ,kindly guide me how to come out the situationand if possible leave your mobile numbers for further guidence.i am from hyderabad.
thanking you,
with regards,
koteshwararao jonnalagadda
koteswara rao jonnalagadda
22 October 2012 at 02:37
respected experts,
namaskar and wish you happy vijayadasami.
sir,
i have taken aloan from icici bank of rs 13.5lacs by mortgageing my residential property in sep 2008,on following terms.
type of loan-home equity loan-resident ind
amount sanctioned-13.5lacs
rate of interest-16.5%floating.
term-180 months.
e.m.i-rs19127/-p.m
on the above terms i have taken loan with a pre closer charges of 2%
since my health was badly effected and my age is 57years,doctor advised me to take rest by redusing all my stress,at this juncture in the month of june 2012 i went to the bank to find out my out standing balance for making arrengements to close the a/c.
for my shocking they told me my out standing balance is rs12.6 lacs,where as i have paid till may-2012 rs8.77 lacs,that means roughly.9 lacs adjusted towards principle and balance 7.9 lacs adjusted towards interest for 44 months.after getting back the principle also bank is charging on the original borrowing for this
type of deduction i never signed any document.at this juncture i kept money in my savings bank in the month of july ,
and writing letters to close loan a/c as per my caliculation it is approxmately 8to 9 lacs this money i kept at bank for more than 3 months and written 4 registered post-ack letters and 6to 7 e-mails but they are not coming forward to close my a/c or to show me my written commited letter as they are caliculating and buyfercating interest and principle component.
which is the right governing body or judicial body to solve this issue .
iam still paying regularly the emi's every month,bank is taking the advantage of sarface act.kindly guide me i am not interested to continue the loan,in the mean time i undergone for open heart surgery on 13 th aug 12 due to this torture this also i brought to the notice of the bank but no reply for it.
i am in multible losses ,kindly guide me how to come out the situationand if possible leave your mobile numbers for further guidence.i am from hyderabad.
thanking you,
with regards,
koteshwararao jonnalagadda
Vinod kumar Agarwal
20 October 2012 at 19:36
I would like to source a questionnaire for cross examining a Bank officer. Thanks
Hema Kishnani
20 October 2012 at 19:02
i have imported net fabric from china..total value approx 30 lacs..it has come totally damaged. due to which it stands at ZERO value now..please guide .how do i go about claiming the damages
Anant Saxena
20 October 2012 at 17:32
I took a personal loan form citifinancial in 2007 of Rs 35000 for 36 months and i have paid 13 Installments but after that i changed my job and moved to a small village.Citi financials office was not there so i have tried to customer care over phone to contact me and change my bank details so that loan could be pay but nobody contact me and as citifinancial office was not there,am also unable to contact them personally. Now it has been 4 years passed and i was thinking that citifinancial is not bother about my loan so why should i.But after 4 year i came to know that 1 legal notice came to my registered address from an advocate and returned undelivered as i was not there.
I just want to know the legal aspects if I am unable to pay the loan .can they issue a n arrest warrant against me or my father .Can they kurk my house.one of officer told me that they can seal my house .please note i do not have any property on my name all are my fathers assets and i want to pay off the loan should i pay all the interest for 4 yaers.Please help
I had order for some goods worth Rs 10000/-
from a dealer on payment of Rs 10000/-post dated cheque . so far I have not received the goods . Can I stop the payment of the above cheque
I run a retail shop in a mall and the mall is not running successfully. The maintenance is very poor and even after 2 years of opening there are very few shops in it. The issue lies mainly with the poor management and they also agree they have made mistakes. There are couple of doubts I have: 1. The mall is currently running under Electricity but they're charging us Diesel @ 14.5 per unit. Is that legal? 2. They're charging us for maintenance which includes chiller, security, cleaning and overall common area maintenance. There are very few securities (none inside the mall), cleaning is pathetic (hardly any bathroom is usable), chiller water also they dont give most times. Under such circumstances we told them we cannot pay maintenance unless and until the issues are sorted out and we have to get a revised bill on electricity since the generator is not working. Since we started in 2010 we've been paying the bills without defaulting. We've not paid Sept and Oct 2012 bills and the mall people are threatening us that they'll take steps to make sure we pay. They have earlier cut off electricity and tried to close down couple of shops for non-payment for few months. We have a lease deed with an owner (not the mall) and currently we dont have any maintenance agreement with the mall. Can they cut our electricity? If they do what legal action can we take. Thanks a lot
Doctrine of ultravires
A PRIVATE COMPANY ENGAGED IN MANUFACTURING ACTIVITY AND UNDER LOAN LIABILITY AGAINST MORTGAGE OF LAND AND BUILDING,A DIRECTOR OF ABOVE COMPANY AUTHORIZED BY BOD
"TO NEGOTIATE FOR SALE OF LAND & BUILDING OF THE COMPANY AND SETTLE THE BANK LOAN".
THE DIRECTOR SOLD THE LAND & BUILDING ON THE BASIS OF ABOVE RESOLUTION AND FUND WAS UTILIZED BY COMPANY TO SETTLE THE BANK LOAN.
WHETHER THIS ACTIVITY OF THE DIRECTOR IS ULTRAVIOLET AND ONE OF THE DIRECTOR CAN FILE A CIVIL SUIT AGAINST THE DIRECTOR ON THE BASIS OF DOCTRINE OF ULTRAVIOLET,ALSO CREATING A PARTY TO THE PURCHASING COMPANY.
Is civil suit by a single director against a third party (purchasing co) is maintainable who has purchased the property from company is maintainable?