sanjiv batra
30 July 2011 at 11:13
DISSOLUTION OF LIMITED LIABILITY PARTNERSHIP PLEASE EXPLAIN HOW WE CAN DISSOLVE A LIMITED LIABILITY PARTNERSHIP: 1- IN THE ABSENCE OF ANY CLAUSE IN THE L.L.P AGREEMENT; OR 2- IF IT IS CLEARLY MENTIONED IN THE LLP AGREEMENT THAT THE L.L.P CAN BE DISSOLVED WITH MAJORITY OF PARTNERS; OR 3- IS IT MANDATORY REQUIRMENT TO TAKE EACH PARTNER’S CONSENT? SANJIV BATRA
Anonymous
29 July 2011 at 19:28
I am a young entrepreneur running a HR Consultancy in Mumbai. Back in 2008 I was hired as a retainer by the owner of this company. IN 2009 as agreed mutually I started a propitiatory firm with the same name in April 2009. Now while I was an employee(2008) in this company I did not have any authority to sign cheques.
During this period I was approached by one of the job portals though a rep. We negotiated and agreed upon a deal sometime in Feb'08. However considering I did not have the signing authority I had mentioned to their rep that we would need to wait for the cheques. However he pressurized me, to which I foolishly got carried away and signed the order form. The service was for 3 years with a cost around 3 Lacs. I had unfortunately taken this lightly and agreed to his request of handing him my personal account checques as a stand by. One cheque 10k and the other 2.90L. Now we had an understanding that these 2 cheques will be exchanged with 30 PDC each of 10k. Pl Note- This is mentioned on the order form in the form of remarks. Additionally both the cheques submitted to him have a remark menioning "replacable" written on them.
Now the original owner changed his mind and decided to cancel subscribing for the service. I informed the same to the company rep via phone and email and mentioned to him that I would be stopping payment for the cheques issued. The Rep said that he will take care of the situation via phone. I was not aware at that time that those cheques should have been taken back. I received an email from their collections team in June'08 demanding payment and warning of legal action. To which I replied with the whole story in addition to attachments of old email sent. Which mentioned request to cancel order. PS- The sevrice was never activated. I RECEIVED NO COMMUNICATION FROM THIS COMPANY AT ALL.
I did not receive any reply to this so I thought it was all sorted. Now it seems that this rep gave ahead the cheques for submission may be to achieve his target probably. We shifted office and as I mentioned earlier I individually started a propreitory firm with the same name however with different ST/ TDS etc registrations. Now I am shocked to have received a summon under 138 for having these cheques stopped. The summon has the order copy (where to be replaced with 1+29PDC mentioned) the stopped cheques with "replacable" written on them. Also these cheques have hit the bank in June where as they were issued in March.
Now the catch here is... I have lost data when I shifted. So I do not have any emails as proof with me. I am unable to retreive it through the server as well. I only have a word doc file which shows the pattern in which the PDC's were to be generated. Besides the case has been filed in Delhi court when all transactions happened in Mumbai. I am supposed to attend court on 30th Aug'11.
I seek advise from experts of this forum as to how to face this challenge. I agree that I have been careless and negligent, however I know I have done no wrong. Please help.
Sandeep Kumar Jain
29 July 2011 at 11:22
After acquiring private land within Mining Leasehold area whether it is required to convert it from Agricultural to Non-Agricultural before commencing mining activities like excavation, dumping of waste, construction of office/workshop/roads/crusher/belt conveyor etc.
Kindly guide.
Regards
Anonymous
29 July 2011 at 10:23
Dear Experts,
I have a matter of a pvt. Ltd. Co. which is filed by some other advocate and at the stage of Ex-parte hearing I’ve filed my joint vakalatnama with the same advocate and then we filed an affidavit of evidence of plaintiff. The company then has withdrawn the service of said advocate due to his misconduct. Now I am solely appearing in the matter. The details of dispute are given below:
There are three parties in a dispute. 1 is plaintiffs co., 2 is the defendant co. and 3 is the employee co. all three co has agreed to complete some work in the state of Gujarat under an agreement and a M.O.U. dtd. 30/7/2001. Both the documents i.e. agreement and MOU executed in the state of Karnataka for certain reason. The Plaintiff having their regd. Office at Vasai in the state of Maharashtra, the defendant having their office at Bihar and the employee having their office at Karnataka. As per the terms of the agreement the plaintiffs has to pay certain amount as an a security to the defendant and a certain amount as an advance to their employee co. against that they complete the certain requirement of the plaintiff and as per the terms of the agreement the defendant, after the period of six month has to repay the deposit amount to the Plaintiff. The plaintiff as per the terms of the agreement paid the amount to both the companies i.e. the defendant and their employee but the defendant failed to complaywith the terms of the agreement as well as they failed and neglected to repay the amount of deposit paid by the plaintiff co.
The plaintiff in the year 2002 filed a civil suit for recovery of their due amount alongwith nterest/compensation. The summons served the defendant at Bihar. But the Defendant failed and neglected to present before the Hon’ble Dist. Court. The matter thereafter adjourn from time to time and then kept of ex-parte. The plaintiff filed their affidavit of evidence along with two documents namely agreement and MOU. The plaintiff after examine their witness, closed their case and start argue the matter. At the time of argument, the court raised an objection on the point of jurisdiction that the work to be done in the state of Gujarat, agreement executed at Karnataka, the payment of advance amount was made from the Bhopal (M.P.) branch of plaintiff’s bank, the defendant having their office at Bihar. The previous advocate wrongfully mentioned in the plaint that the agreement signed and executed at the office of Plaintiff at Vasai but the stamp papers for agreement and agreement were purchased from Karnataka, both the documents executed on the same date and it is clearly mentioned in the MOU that the MOU executed between the parties at Karnataka.
“Further it is mentioned in a clause of agreement that “In the Event of any breach by any one of the parties of the terms herein contained and should an dispute arise on such account, both parties agrees to resolve the same by referring the matter for arbitration as per provisions contained in the Indian Arbitration and Conciliation act 1996 and location of such arbitration proceedings shall be at Delhi.”
? Under the circumstances what application shall I file? If any draft can available on
any site or with you? Are there any judgment and/or citation available in my support?
Pl. do the needful at the earliest. It is very serious.
Thanks in advance.
pavani.pothugunta
28 July 2011 at 14:59
Vicky sells to Dimple ,"my estate at Rampur containing 100 bighas".Vicky has an estate at rampur containing 100 bighas.Can later on vicky be allowed to give evidence of the fact that the estate meant to be sold was one situated at a different place and of a different size?
pavani.pothugunta
28 July 2011 at 14:54
Anurag,proceeding to europe,leaves his furniture in charge of birender,as his agent during his absence.Birender,without Anurag's authority,pledges the furniture to Chaman, and Chaman knowing that Birender had no right to pledge the furniture,advertises it for sale.can Chaman be compelled to deliver the furniture to Anurag?
Anonymous
28 July 2011 at 07:05
we are a 17 yr old business setup dealing in cctv and automation.
we shall soon be selling spy cameras like pen / watch / lighter camera.....we are wondering if it is a crime selling these things.
as we are getting all the equipment from mumbai and wont be giving any gurantee / warantee to the clients and we shall not be giving a bill either.
but our setup will carry a notice stating that any illegal use of the equipment is not our concern and if we are approached by the police we shall support the police by all we can do.
pls advice as to is this ok or do we have to do something more.
Anonymous
27 July 2011 at 20:12
Whether 'legally enforceable debt' can only be filed u/s 138 of NI ACT. If the debt not shobwn in books of accounts of business can't be filed u/s 138? please provide latest case laws
CS Usha Nimesh
27 July 2011 at 15:44
Under section 187C there is a provision for a registered shareholder to transfer its beneficial right to a Nominee, but what are the right which have been covered under this terms?
Do that nominee:
1. attend meeting and vote
2. get dividend or bonus on such shares
3. can transfer such shares or register sh-holder can transfer shares without getting approval of nominee
Please reply
Regards
usha
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SEBI Takeover code
Pl clarify as to whether a disclosure under Regulation 7 of the take over code is required to be made by a bank or Financial Instiution when it acquires shares through invocation of the pledged shares. I am of the view that such a disclosure is not necessary as the banks & fi's are exempted from such disclosure
vsv.rao