Anonymous
10 January 2017 at 22:46
Hello We are pvt ltd co. with 3 partners
One of the partners hv suddenly send the resignation without clearing his outstanding money dues n without clearing other work commitments. He has evn stopped coming to office... What action can be taken in this regard
Thanks
Vithal. Upari
07 January 2017 at 22:40
Dear Experts,
Please clarify whats action can be taken on the company which intentionally not transferring its shares to Director :
Case Facts : Company A has paid up capital Rs. 100000. Director X and Director Y each holding shares of Rs. 50000. Now company B purchase shares of Company A of Rs. 25000 from director X of A company. So Company B has 25% shares of A Co. The resolution passed in A co for appointment as director Mr.Z in company A. Mr. Z is also director in B private limited. All this done in 2011, but it is found that company A has not transferred shares from Mr. X to company B or no any other form filled for appointment of Mr. Z as director of A Ltd., There are no record in ROC. Now what action can be taken against Company A ? Mr.X has given physical share certificate to Company B.
Vithal. Upari
07 January 2017 at 22:36
Dear Experts,
Please clarify whats action can be taken on the company which intentionally not transferring its shares to Director :
Case Facts : Company A has paid up capital Rs. 100000. Director X and Director Y each holding shares of Rs. 50000. Now company B purchase shares of Company A of Rs. 25000 from director X of A company. So Company B has 25% shares of A Co. The resolution passed in A co for appointment as director Mr.Z in company A. Mr. Z is also director in B private limited. All this done in 2011, but it is found that company A has not transferred shares from Mr. X to company B or no any other form filled for appointment of Mr. Z as director of A Ltd., There are no record in ROC. Now what action can be taken against Company A ? Mr.X has given physical share certificate to Company B.
Bibhuti
07 January 2017 at 19:00
I'm a VAT , CST dealer. My registration certificates show Cashewnuts in Commodity deal with box. Now I want to purchase cardamoms and cloves from other state. Can I buy these spices items from other state? Cardamom and cloves are not registered in my vat and CST certificates. **Cashewnuts, Cardamom, Cloves have separate HSN commodity code. Plz respond dear Experts.
Apoorva
07 January 2017 at 13:28
Dear all,
Please guide me in following:
1.Can a sole proprietor authorize another person to act as sole proprietor of his branch office ?
2.Also if such authorization is made, is it necessary to do such authorization through power of attorney?
Pushkar
06 January 2017 at 23:20
Please let me know whether retirement of partner from partnership firm completed without signing the E form?
Gurvinder Pal Singh
05 January 2017 at 18:53
Hello Sir,
I am posting the thread as behalf of my wife.
She needs legal advise regarding her educational qualification. She had done B. Sc in Information technology from sikkim manipal university in 2008.
Now she has cleared (punjab govt) PSSSB examination for the post of clerk. But her name was not in the merit list because she has done her graduation from SMU (Distance education) as confirmed from the department and even this university is recognized by UGC.
Therefore they said she cannot get this job.
Why they can't give her the job if university is recognized and clear the examination.
Now please suggest us how we can take the action.
ajoy singh
05 January 2017 at 13:24
Hi,
A pvt. Ltd Co. recent open it's branch office in vidyasagar street, kolkata-700009 and co's regd. office is at beadon row, kolkata-700006.
Now company want to shift it's regd office from beadon street to vidyasagar street.
Co. branch office is on rent and rent agreement is there, so is there another rent agreement is required with the owner of the pemises of vidyasagar street. kol-700009 for regd office.
Os it possible for co. to run with branch office & regd. office at same add. OR has to conver from branch tom regd office.
Thanks & Regards
Ajoy singh
Gopal Soni
03 January 2017 at 19:00
hello everyone ,
i have applied for a LAP (loan against property) in a bank 4 months back, there were various application forms have been submitted along with numbers of documents in last 4 months as asked by the bank's representative , login fee of Rs. 2500 and processing fee of 42000 has been charged by bank through cheques, which is applicable on loan amount ,
loan agreement has been made and terms and conditions on sanctions have been signed by me and provided same one copy to me .
few days back i have received a message on my mobile that Your loan has been sanctioned , but still i have not received same,
plz guide to whom to be complain make , because i am not receiving a reasonable reply from bank.
is it fruitful to complain to Ombudsman ? will they really help me ?
what is procedure ?
plz guide
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Sarfaesi proceeding
My family consist of my grandmother, my father-mother and myself.I am student persuing higher degree course and stay away from my family in campus.My father has demised about two years ago.He was a partner in business with another person and my father and his partner has kept their residential flats as collateral towards the credit facility from their bank.
My fathers flat is used by us and it was his own self acquired property in his personal name.After death of my father , the credit facility was continuing and the Limit was enhanced and reduced two times and my mother and grand mother executed the guarantee documents on behalf of my father. I was always away from city and has never signed any document for sure.As usual, the partner of my father sysmatically distanced himself from my family and we were deprived of our dues and regular returns.A new company has been started by partner and the whole business is done thru it deserting the old partnership firm and the Bank Dues became NPA with our flat(also with partner:s flat) under mortgage with Bank.
OUR PLIGHT
Bank gave letter(13(2)) and notice (13(4)) published in two newspaper the description of the two flats, and the name of the Partner, My Grandmother, My Mother and also My Name as guarantor.I have never signed any kind of document at all.The Partner is apathetic to us and thru common well wishers we three(grand mother-mother and myself) filed an SA with DRT and Bank has filed OA with DRT.The Bank has also filed Application with the DM Office for taking possession of the two flats.Our advocate is trustworthy young professional and is of the view that the all the notices of Bank under section 13-2, 13-4 and 14 are bad as they contain my name as guarantor whereas I can not be termed as guarantor in any case as I have not been a party to any documentation after death of my father.He also contends that the Bank could not continue mortgage over my father"s flat in absence of the execution of all documents by all the legal heirs of my father who were grand mother-mother-myself and therefore the mortgage over our flat is bad in law .He has made the point as a broad issue in our case before DRT and DM.The Bank is not listening and says I had stepped into shoes of my father after his death as guarantor even without any execution by myself.At DRT the Bank is not showing to contest and lingering on the matter and the Bank is making serious efforts with DM for taking possession.
MY Question
01 Was Bank right to continue mortgage over my father Flat without my signature on documentation?
02 Am I really liable and can be termed as gurantor in this situation?
03 Is Bank"s application/case before DRT and DM is defective one and we stand to get relief there?
My advocate is sure of relief, but situation land locked as DRT is not moving ahead and in case DM allows before DRT Judgement(which we do not know) then we shall loose the flat.Also in absence of support from our business, our financial position is also weak.
Under these compelling circumstances I approach you for guidance and clarification without any malic or dis-respect towards our advocate.
Kindly help....