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Anonymous   16 December 2011 at 09:39

Serfaesi

sir
i have loan from sbi in 2005, branch manager transferred rs 2 lakh from my a/c to any ohter party a/c without my cheqes etc and without my reqest for overdrawing ,at that time my a/c was within limit but after it it bacame npa .fir in this case has been registered by me in 2010 .but after fir bank started serfaesi proceeding againt me after 13(4) notice i aproached drt and drt has awarded conditional stay to me but they are asking to deposit 25% in 15 days 25% in 30 days and balance in 6 installment.As there is a dispute over loan amount can i apeal in high court in this matter as drt is favouring bank in this matter
please guide as i have to deposit 25% in 2 weeks
thanks

Gaurav Agarwal   16 December 2011 at 03:45

Opening a bank account in singapore

I am an Indian National resident in India, Can I open a bank account with a bank in Singapore?

Munish Kumar Garg   15 December 2011 at 19:07

Music company

Hello members,

My client wants to open a Music Company with its full time director and for that purpose I want to know that what is the basic procedure for registration a Music company in India and whats the fees leviable on the complete registration process.

Please provide me some useful information and some website links on which I can find the relevant information.

Thanks

Anonymous   15 December 2011 at 15:21

Sale of land

a director of the company has sold of the land of the private company in order to clear the NPA a/c of the company under a OTS scheme of the bank. after 2.5 years another director has filed a claim that his consent was not taken and that the sale was invalid. is the stand taken by the other director tenable in law. if not is there any case to support it

HUSSAIN PATANWALA   14 December 2011 at 19:53

Pool, carrom & table tennis club for school & college students

Hi,

I am planning to open single pool, single table tennis & Carrom club with certain amount of monthly members only for school & college students. Property that i am looking to start business is situated in chawl system (pagdi system houses). its a residential area.

My exact query is what kind of license i will have to apply and is there any legal formalities related to opening of clubs in residential area.

This club strictly will be for school & college students with certain amount of admission & monthly fee.

Harish Kumar   14 December 2011 at 17:20

N.i.-138

Dear Sir,
Thanks for your expert comments.
Sir, I would like to share some more facts of this case with all of you. When we have finalized this business deal in presence of the two company representatives, complainant and both of us partners, When we have valuated all the raw materials & machines, fixtures of Rs. 6.5 lakhs. We all signed on the page of a diary, which is with us. Except this we have all the bill books of that period we stayed there with signs of both of us. We have all the receipts of the banks thru. we have made payments of rent & Elec. Bills, Phone bills & rent deposited in his a/c. He has also issued us a no objection certificate on his letterhead to transfer all the phone nos. of the business in our name. Now in court he says that we had a relation of raw materials suppliers & buyer. If a person who is selling goods to a business will also made his bills for 5 months regularly.
If these all documents makes ground for the co-relation of the said cheque was issued in the business deal, not in money lending as the case is registered by the complainant?
If the Hon’ble court will see all the facts of the case & will try to establish the connection that cheque issued for the business deal and as he committed that all the material of the business is with the complainant, and the deal was not finalized for the cheque was issued then the liability of the accused lapse?
If the court establish the connection and satisfy with the documents then the allegation for lending money framed by the complainant are found false itself?

Anonymous   14 December 2011 at 12:09

Moa

I am in the process of getting a company registered. In form 1A it is asking me details for MOA & AOA like the object clause n subscribers. i want to reserve the name of the company so in i am in a hurry to file form 1a. what should i do. is there some place where i can get a draft MOA & AOA for a TRAVEL AGENCY.

Anonymous   14 December 2011 at 12:06

Rti

dear frnz

i hv cleared all exams and assignments of PGDSW course from IGNOU, but details of my field work practicum, which i have already sent to IGNOU Delhi 8 months back, have not been updated yet. bcoz of this my diploma certificate and grade card is pending.
i want to file RTI Application for the same. plz guide me and state the procedure to file RTI application and other formalities attached thereto.
its urgent
Regards
ram

Anonymous   13 December 2011 at 18:20

Regarding cheque bounce...

Dear Sir,

I am a freelance trainer. After finishing my training i got 2 cheque. But one cheque has been bounced. Can the firm is delaying it. Now can i register a FIR, or how should i proceed so that i can get my money back. I need good guidance. Please help me.

Thanks in advance.

Narayanarao Murali   13 December 2011 at 16:50

Arbitration proceedings under "delayed payments to small scale & ancillary indl.act 1993 & amdmnts

I request the Lawyers Club Members to give their expert opinion on the following. Yesterday by mistake I have not posted my name or identity. It was not intentional. Regards.

In an Arbitration case: details of which are furnished hereunder. Kindly confirm whether my views are correct:

The claimant filed a statement of claim for certain value and for the interest thereon, under “delayed payment receivable” by an SSI Unit. In the statement of claim, they have indicated totally six Invoices raised against six lots of supplies effected on different dates to the respondent company. But out of six (6) invoices, supplies were made against L/C established by the respondent for the partial supplies and three (3) invoices were raised separately. After supplies the claimant negotiated the above said (3) three invoices and received payment through Bank against the L/C terms.

The business relations/transactions between the claimant and the respondent were spread over a period of 4 financial years. The respondent did not pay against certain invoices/supplies as the material supplied by the claimant were defective. Keeping aside the settlement of dispute on defective material value and the resultant loss, the respondent was buying material from the claimant and was releasing payment by means of cheques/DDs/L.C. At times the cheques issued by the respondent were bounced and were made good by issuing fresh cheuqes / DDs in lieu of bounced cheques.

Now when the arbitration proceedings are on, the claimant says that he has adjusted the payments received on first in first out basis viz., against the Invoices which were raised against supplies under L/C terms of payment to those which were payable by the respondent under direct credit basis. Further the claimant in his claim statement showing those invoices which he received payment against L/C as due and claiming interest also.

Also –
An admitted liability is enforceable by law and also obligatory on the part of the debtor to pay the admitted liability to the creditor.

If the creditor admits receipt of payment through an L/C against specific supplies and the relevant invoices how he can again claim payment against those bills in his claim statement filed before an Arbitration Tribunal?

Further to avoid law of limitation for a claim, for a same value of amount against a disputed supply value of earlier bills (for the reasons of defective material), the claimant says he has adjusted the value of L/C value against earlier supply bills as a practice in a running account and now showing the bills paid against an L/C as delayed payment/due.

In my view, as per the accounting practice, unless there is an understanding oral/in writing between the claimant/respondent (creditor & debtor), the claimant can not adjust the amounts received against those bills which he raised against specific L/C with those of other Bills which he raised for supplies under direct credit basis. Please guide me.

Further the claim submitted by the claimant, should not entertained by the Arbitration Tribunal, as the claimant admitted receipt of payment for the bills under an L/C.

Regards.