LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tom   13 May 2016 at 05:53

Arbitration

Dear Experts, Monetary award was given by High court ordered Arbitrator against an Unlisted PLC. We had to move HC because the debtor was not coming forward to arbitrate. Now,just a day before we could file for Execution,they filed AOP in District Court under section 34 to set aside the award on various hollow grounds. They also sought separately a Stay on Execution of the award till disposal of the AOP. The Stay was granted by the court with out hearing us. We are responding with a Counter to vacate the Stay and would also argue against the AOP. Relevant dates of the case:

Arbitration started: 05 July 2015.
Date of Award: 26 Oct 2015.
Date of AOP & Stay petition:25 Apr 2016.

Any relation with new amendments to 1996 Act ?

Can we seek any interim reliefs like forcing the company to deposit a part of money in court? If yes at what stage ?

We are also concerned that the Company may try to prolong the Case and meanwhile encumber their assets in advance to defeat the execution process.Can we seek any remedy for this concern ?

adv.bharat @ PUNE   12 May 2016 at 22:50

Csr for compliance ot company law 2013

Sir Please guide me how can I use CSR to comply with company law 2013.?
Thanks

sandeep kumar   12 May 2016 at 13:05

Banking law

Dear members,

whether it would be valid/good to issue a legal notice by advocate to borrowers after the issuance of demand notice under section 13(2) of SARFAESI Act 2002.

in one of matters we have issued 13(2) notice to borrowers and initiated sarfaesi action which is running. Now we wish to proceed under RDDBFI Act1993 to file OA. So whether we should give legal notice to them before filing OA or not.

I think there is no need of any further notice after issuance of 13(2) ??????
If not issued then what may be repurcussions before DRT.

thanks & regards


skumar   12 May 2016 at 00:02

Global expression of interest

Dear sir, Namaskar,

My query are as follows:

What is the difference b/w Global expression of Interest and Expression of Interest ?

What channel (like website/newspaper etc) should we use to float the advertisement for Global EOI so that it reaches the foreign buyers?

Is there any special procedure that makes difference b/w Global and Normal Expression of Interest? What should be the difference in EOI notice in case of Global EOI in comparison to normal or national EOI?

Are there any tutorials/knowledge base on internet to know about global EOI process?

Regards

adv.bharat @ PUNE   11 May 2016 at 21:14

Sgm rules and regulation

Sir Please guide with reference to conduct of special general meeting of company as per company law 2013.
Thanks

adv.bharat @ PUNE   11 May 2016 at 20:47

Can agm decide divident for stake holder?

Sir Please guide me. Can annual general meeting decide amount of divident to bedistributed to share holder of compay? Is ther is any limit while decideing for it?
Thnaks

adv.bharat @ PUNE   10 May 2016 at 10:49

Conversion of pvt. ltd in to llp

Sir Plz guide how can I convert private limited company in to LLP?
What is the process for its conversion?
Please give details procedure for it?
Time & money require for it?
Early reply is appreciated.
Thanks In adance.

Sabita   10 May 2016 at 00:45

Complainant untraceable

If a complainant on behalf of company is untraceable what happens to the case

CA Shraddha Vora   07 May 2016 at 11:31

Demerger

A company ABC Ltd wants to demerge with PQR Pvt Ltd its group company by transferring an undertaking along with all its assets and liabilities. ABC Ltd is a Debt listed company and it has issued debentures in past against the undertaking which will be transferred.

Now in this demerger the debentures issued in the name of ABC Ltd will also be transferred to PQR Pvt Ltd, so the question is that how this change will be intimated to ROC as Form PAS-3 (issue of securities) and Form CHG-9 (creation of charge for debentures) is already filed with ROC by ABC Ltd. ABC Ltd cannot redeem the debentures and satisfy the charge due to insufficient fund. So what are the other ways to intimate ROC for the said change other than the filing of High Court order in (Form INC-28).

Ashesh Trivedi   06 May 2016 at 10:36

Gratuity

My Wife is working in Stabicoat Pharma Chem Pvt.Ltd. since 13 years in Ahmedabad. Due to bad condition of this company, they have started new company named Stabicoat Vitamins.

When she was being transferred from old company to new company, she asked for gratuity, but instead of giving the same, they kept her name in old firm.

other Staff members are being transferrred to new company with all benefits like EPF,Gratuity,etc.., but they denie to give same to my Wife.

Note: At the time of joining they did not gave appointment letter to my wife. As they do not give to anyone.

Can my Wife, If claims for Gratuity, can get the same & if we put a case against court, shall we also Claim for EPF? & also can court order her employer to give all benefits to her by transferring her name to new company?

If yes, than let me know quickly. I want to get answer on my email id- ashesh3127@gmail.com, as soon as possible.

Waiting for your reply.