Anand Pratap Mishra
16 December 2010 at 13:35
Whether a Private Limited Company is a consumer under CPA 1986?
Valerian Menezes
15 December 2010 at 19:52
Under the law of hypothecation a moveable, like a vehicle, is pledged for due consideration received by the borrower. The hypotheca, in case of a vehicle, is registered with an appropriate authority. As a matter of fact the possession and title rests with the borrower. But the creditor gets the lien on the vehicle. In case of default of the loan the creditor, as per specific agreement, can seize the vehicle demanding the records of the vehichle. However, as a general rule, as I learn, the creditor cannot sell the vehicle without obtaining decree from a competent court. But my question is, if the hypothecation bond executed by the borrower specifies that the vehicle can be sold by the creditor "either by public auction with or without notifying the borrower or through a private negotiation to a third party or bidder" can the creditor do so within the provisions of the law of hypothecation? Can he do it without obtaining court order?
Anonymous
15 December 2010 at 11:40
Dear Sir,
We have got packing credit limit from Indian Overseas bank and Canara Bank for our garment export business in the year 1992.But due to loss in the business our unit has got sick we were not able to run after year 1999.Therefore the above both banks has been filed suit at DRT in the year 2000,hereafter we have made OTS settelement for the both banks and got a NOC letter from them.But the ECGC is still keeping the guranter names of our firm in their specific approval list.
Now please let us know that what step we should take for remove the guranter's name from the ECGC "SAL"
Brgds/Balu
Anonymous
14 December 2010 at 20:48
dear friends,
i am studying LLM business law , i need to study regarding creditors protection in corporate sector , any one help me please.
Anonymous
14 December 2010 at 20:02
A schedule Bank sold house building by public auction which was his security as secured creditor but the auction fetches less than the outstanding due on the loan account of debtor. The short fall is less than Rs one lakh INR , so to recover the above short fall whether Bank should file money suit(Civil Suit) in civil court having jurisdiction or in DRT. Please advise.
Sunil Pathak
14 December 2010 at 18:18
Dear Sir,
Please tell me what to do when Central Bank of India has submitted false affidavit and obtained judgement as under.
I am giving the facts as under and attaching a file for details also.
1. Mr. P. Methews, advance officer of phaphadih branch, Central Bank of India, Raipur had demanded a bribe of Rs 40000.00.
2. When this bribe was not paid, he started with holding returned DBP documents without collecting material from Railways / Transporters. The Mr. P. Methews, advance officer and branch manager Mr. R.R.Sharma did not allow us also to collect material by refusing to give RR/MTR ( a part of DBP documents). The branch manager has confirmed that they will not give documents in writing in a meeting dated 21.08.1991.
3. These returned bills reached to the tune of Rs 55.00 lacs. The central office of the bank started enquiry against Mr. R.R.Sharma, Branch Manager as to why the material was not collected by branch when the documents were not given to the borrower.
(Mr. Manjunath, the present branch manager of phaphadih branch of the bank has recovered DBP bills documents worth Rs 23.71 lacs in October 2009 still lying in the branch. The list of these bills are given in the proposal dated 10.01.2010 submitted to bank.)
4. Afraid from the enquiry the branch manager Mr. R.R.Sharma and Mr. P. Methews, advance officer tried to start recovery proceedings for this amount Rs 55.00 lacs against me.
5. Central office of the bank did not permit to start legal action against me as it was not my fault.
6. Then Mr. R.R.Sharma and Mr. P. Methews, advance officer decided to misguide their central office to start recovery proceeding against me. Details of misguidance with documentary evidence in shape of correspondence copies between branch manager, regional manager, zonal manager and central office is attached in details attached.
7. This misguidance was forwarded even to HON”BLE Prime Minister Dr Manmohan Singh by central office of the bank, who was finance minister during that period. A letter from HON”BLE Prime Minister Dr Manmohan Singh is also attached with documentary evidence that the bank misguided him in details. This letter is available at http://www.itimes.com/users/sunil.pathak/blog/Central-Bank-of-India-Loans-Finance-Minister-Business
8. Central Bank of India had given false affidavit and obtained judgment.
9. The present above bank officials including CMD of the bank is trying hard to hide these facts.
10. I have given eight applications under “Right to Information act 2005” against which the bank officials have given excuses to the extent that in an application when I asked the central office of the bank to inform me the reasons of furnishing wrong information to HON”BLE Prime Minister Dr Manmohan Singh in 1993 when he was HON”BLE Finance Minister, the bank replied that it is their “matter of commercial confidence”. Giving wrong information about me to HON”BLE Prime Minister Dr Manmohan Singh is their matter of commercial confidence.
11. I had then submitted a facts proposal dated 17.07.2009 and 10.01.2010 on request of the bank incorporating all these photocopies of correspondence between Branch Manager, regional manager, zonal manager and central office proving above said facts that a false case has been made by the bank.
Instead of replying me and withdrawing all mental torture, harassment, irritation, and pressure and recovery proceedings still continuing mental torture, harassment, irritation, and pressure.
12. During my discussions with bank officials, they say that in bank even after knowing fully well no one including CMD has enough courage to admit these facts.
File with details attached here with.All copies of letters of the bank mentioned in details are available with me.
Sunil Pathak
Mb 09425203272
SYED MAHABOOB BASHA
13 December 2010 at 14:48
Sir,
How to write minutes book, is there any
format of minutes for a welfare association ?
Thanks
S M Basha
sushil kumar
13 December 2010 at 10:01
Dear Experts,
may you please suggest any university (approved by UGC and Bar Councils) for conducting LLB through distance learning for general candidates.
Thanks.
Sushil Kumar
sushil
VISHAL KUMAR CHOUDHARY
12 December 2010 at 04:52
whether director appointed as nominee by the financial institution like ICICI,etc. and small shareholders director be included in total no. of directors eligible for retirement u/s 256
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Name of agreement
I have drafted one agreement licensing one of our group companies (say second company) to process and package in its factory under the direction and supervision of first company, on loan licence the product specified by the first company for which the first company owns or will own valid patent and trade mark registration which will remain sole and exclusive property of the first company. I confuse as to what will be the name of the agreement. Will ‘Loan Licence’ agreement do?