On dispute with a Small Scale Unit , the CPWD appointed an Arbitrator, from its own department. While publishing the award , the Arbitrator has granted interest under the Arbitration Act and not under the Interest on delayed payment to SSI act, although the same was asked for, taking the plea that Arbitration is under the Arbitration Act 1996 and not under the Interest on Delayed payments to SSI Act.
Is this legal namely when SSI units take loans from Banks and pay interest to Banks on monthly basis ??
What are the quick remidies ??
A Small Scale Industrial Unit has received two awards made by the Learned Arbitrator appointed by the DGBR (Director General Border Roads).
a)The awards were challenged by the Chief Engineer although the Arbitrator were his own collegues appointed by DGBR.
b) On enquiry it was revealed that it is a Gov.of India policy to challenge all awards .
c) The very purpose of the Arbitration Act , as a forum for quick resolution of disputes is defeated , if it is correct that Gov of India has given directions to challenge all awards.
d) The award took 2 years to be published.The Dist Court took 3and a half years to uphold the award.
e) The matter lies before the Hon.High Court now for 2 years.
f) Although the Interest on delayed payments to SSI units makes it obligatory for the Organisation challenging the award to deposit 75% of the value of the award in Court, is it true that awards can be challenged without such deposit and cases kept pending for justice for years together ??
Can learned friends guide a way for quick disposal.
The SSI unit is in brink of collapse and is there any way to assist speedy disposal.??
i want to obtain the license for froducing the wine what will i have to do for that?
Regards
kamlesh kumar
dear sir/mam i have formed a pvt ltd company in march 2009 with paid up capital 1 lakh, it has not yet started its operation?? do i need to file a return.
plz guide
We are in the process of buying a "Limited" company from its current owners. The deal is simple; we pay them X amount and they will relinquish their ownership make us owner.
What all legal precautions should I take to make sure I am legally protected and there is no trouble in future.
The company currently has many partners but it will be under single ownership after take over.We are buying it as individuals.
Drat set aside a recovery order of DRT for allowing cross examination of bank witness.A loss and damages claim against the same bank is pending in the civil court,the amount is much more than the bank claims.The case is registered and yet to be heard.During cross examination the civil suit claim was asked to the witness.The PO DRT objected that it could not be raised at this late stage since this was never mentioned in the WS filed earlier.Is the PO correct in disallowing the cross examination of these points or new facts discovered against the bank though not mentioned in the WS?
we send material to our customer.but customer given some payment and now some payment is balance. now customer is not sending his balance payment from last five years.
we want to know that how we get back our payment.
please do the needfull.
thanking you,
yours faithfully.
jiten mota
Marketing agreement and MOUs generally are executed and signed in day to day business. do such MOUs and agreements requires registration, further does it requires to sign such documents on non judicial stamp paper of rs 100/- or plain paper.
A is manufacturer and B is a marketing company. bothe registered under company's act. anther company C is registered under dubai law. A and B agrees to do marketing internationally a product of A under the banner of C. for this purpose a joint venture agreement/MOU signed. is there any legal bar to sign such agreement, is registration required and is it legally enforceable.
Section 138
Is the photocopy of bounce cheque is valid to file case under section 138. I have misplaced the orignal intrument, but the photocopy.