SUNIL SINGLA
07 July 2018 at 14:21
I HAD AN QUERY REGARDING MERGER OF TWO PRIVATE LIMITED COMPANIES
IN MY CASE THE NCLT DELHI HAS PASSED ORDER OF FIRST MOTION ON 23.05.2018 WHEREIN ALL THE MEETINGS HAVE BEEN DISPENSED.
I KEPT WAITING FOR THE FIRST COPY OF THE ORDER BUT IT NEVER REACHED TO ME TILL DATE
NOW ON 06.07.2018, I GOT CERTIFIED TRUE COPY OF THE ORDER BY MAKING DUE FEE
NOW I HAVE BEEN TOLD THAT I AM LATE IN FILLING THE PAPERS OF SECOND MOTION FOR APPROVAL OF THE SCHEME OF AMALGAMATION, WHICH I WAS TO FILE IN 7 DAYS FROM THE ORDER.
PLEASE ADVISE DO I NEED TO MOVE AN APPLICATION FOR CONDONATION OF DELAY OR NOT
SECONDLY MY DELAY IS IN GETTING THE CERTIFIED TRUE COPY OF THE ORDER
OR
I AM DELAY IN SUBMITTING THE SECOND MOTION PAPERS BEFORE NCLT
IF I NEED TO FILE APPLICATION OF DELAY THEN PLEASE GIVE ME DRAFT OF CONDONATION OF DELAY APPLICATION
REGARDS
SUNIL SINGLA
DR.VEDULA GOPINATH
05 July 2018 at 10:14
Dear Colleagues
Wish to enlightened by my learned colelaguesw
CAN arbitrator contact third parties for knowing the facts i case they are referred in the claim statement and its documents.
A claimant produced documents including copies of emails purported to have been sent to various officials of the respondents which were not responded by the officials of respndent.
can arbitrator send emails to those officials whether or not they have received emails and if so why they have not given reply to claimant.
shall be obliged for reply from my colleagues
dr vedula gopinath
advocate/arbitrator
vgnath@gmail.com
Bharat Kapoor
03 July 2018 at 22:16
Our company is listed on BSE and NSE. Members of the Company have approved the Special Resolution by postal ballot. Subsequently the company has applied to BSE & NSE for In-principal approval in compliance with Regulation 45 of SEBI LODR. The company has not obtained In-principal approval till now and name reservation is about to expire. Query is that Can company file INC-24 with ROC before obtaining In-principal approval ? If we file INC-24 without obtaining In-principal approval, is there any implementation ?
Anonymous
24 June 2018 at 18:35
I have just formed a new unregistered partnership firm and also have received PAN and TAN but the operation is yet to start. In this circumstances one partner want to reduce his stake, a new partner will join and some previous mutually agreed clauses will also change.
How to update this modification?
Kumaran
23 June 2018 at 18:59
HI MEMBERS
I WOULD LIKE TO KNOW IF MYSELF & MY WIFE IS LIABLE FOR A LOAN TAKEN BY MY BROTHER AND MOTHER FOR BUSINESS PURPOSE (PVT LTD CO.) FROM CO-OP BANK. THE LOAN WAS TAKEN BY PROVIDING MORTGAGE OF FAMILY PROPERTY AND GUARANTOR WAS A FREIND. CO-LATERAL SECURITY WAS GIVEN AS FRIENDS PROPERTY.
BANK FILED A RECOVERY CASE 3 YEARS AGO AND RECENTLY BANK WAS ABLE TO SELL THE FAMILY PROPERTY LESS THAN THE MARKET RATE AND RECOVER 75% OF THE LOAN AMOUNT. GURANTORS PROPERTY BANK IS STILL NOT SOLD BY BANK.
NOW MY MOTHER EXPIRED AND BANK HAS ISSUED ATTACHMENT NOTICE ON MY WIFE'S PROPERTY WHICH IS INHERITED FROM HER PARENTS AND IS IN THE NAME OF WIFE & HER SISTERS JOINTLY. EVENTOUGH I AM STAYING THEIR I AM NOT A LEGAL ENTITY OF THIS PROPERTY.
CAN THE BANK ATTACH MY WIFE'S PROPERTY FOR NO FAULT OF US? WE ARE NOT LIABLE IN ANY MANNER AND NO DOCUMENTS HAS BEEN SIGNED BY US OR GIVEN GUARANTEE FOR THE LOAN TAKEN BY MY BROTHER AND MOTHER. PLEASE COULD YOU HELP ON THIS TO SOLVE THIS ISSUE. I WOULD BE GRATEFUL FOR YOUR REPLY.
sonavnayak
18 June 2018 at 15:23
Franchisee fees given to a PVT LTD COMPANY registered with ROC-MCA can be treated as deposit to a company and under which companies act?
Fees paid as non-refundable franchisee fees for supply of GOODS AND SERVICES. AFTER PAYING OF FEES AND COMPANY FAILS TO SUPPLY GOOD AND SERVICES AS AGREED within 21-days and business not commence.
Can FRANCHISEE fees be treated as advance deposit paid to co. for supply of goods and services under which company act.
And at the last franchisee busniess doesn't commence even after 9-month also due to company fails to suply goods and servies as agrred upon.
If not refunded by company than what action can be taken under which law ot what other action can be taken under companies law
Parwez Saifi
14 June 2018 at 06:18
Hello Everyone,
Greetings!
Actually i have joined a company in jan 2018, When i got selected i have asked for offer letter or joining letter but he just sent the confirmation mail just by saying we'll provide u later, I had a doubt on company that's why i have regularly asked for documents but they delayed, when i was working they don't have any fixed timings, different rules for payments or salaries, & even they don't pay salary on time, so nothing was good their. & When i asked for support in ramazan that i need to go for iftaar they directly refused. I have told them it'll be difficult for me to work in this condition. They told me to that they're terminating so i have agreed. I have asked for documents they refused, then i told them to send termination mail, but they told me they'll do it later. I had wait for 2 days but they didn't send any mail so i have mail the termination discussion details to my boss in which every conditions are mentioned like salary, documents, time duration. but they didn't respond on mail then i left the company & joined somewhere else. Now its almost 45 days i have continuously calling & mailing but they are not responding even they have blocked me from WhatsApp. Because of shortage of time i wasn't able to visit office.
As the time for eid is coming i have sent a message in flock (Basically an app for corporate like WhatsApp) which has been installed from the working days.
Now they are saying i have hacked & they will file against me & also refused for salary.
Please suggest something good that i can compensate my salary without delay.
Regards
Parwez Saifi
9871044680
somesh
08 June 2018 at 13:02
Dear Sir,
I have some outstanding dues with my client since 5 years now and he is not releasing the same. i have obtained post dated cheques 5 years back which was returned thrice due to insufficient funds. Somehow he managed to pass 5 years requesting me not to take any legal actions as he will pay the amount very soon and i trusted him.
i filed an FIR with police station near my office with the help of court 3 years back, police called him at police station but didn't took any action (may be he might have bribed them) instead they asked us to go to court as it is a civil case . Now i cannot file 138 against him as dates of the cheques is passed, secondly i am bankrupt so do not have enough funds to fight against him. he is a billionaire so he can chuck me out where ever i go against him.
what should i do please reply.
thanks in advance
Mandar
05 June 2018 at 15:22
Dear Sir/ Madam,
Please advice on the small query -
Since I need to apply for Partnership PAN, i need to upload partnership deed, but this partnership deed doesn't have witness signatures.
Please advice do witness signature is important in partnership deed and will it be accepted by PAN authority if witness signature is not available on partnership deed.
Thank you.
With Regards,
Mandar
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Merger before NCLT Delhi
Can anybody send a draft of application for condonation of delay before NCLT for merger