atul s mehta
21 October 2015 at 13:45
Our company was taken for liquidation by unsecured creditor in the year 1999 By order passed Gujarat High court,Ahmadabad.(Ex-Party)
Now we have put a application in the same court for Revival of the company so that liquidation order can be set aside.(under section 391-394)
We have negotiated and settled with all creditors, secured and unsecured and also made part payments and taken settlement letters.
Also we have met the official Liquidator and shown our willingness to pay full payment of their dues towards expenses.
Official liquidator is holding a land belonging to the company which is valued much less than the amounts payable to the creditors.
We are interested in settling the dues so that if the liquidator sells the land the proceeds will not be enough to clear all dues and as we have given personal guarantees which can be evoked after the short receipts from sale of land.
While our application is pending in High court for order which is taking time.
We need to make balance of due full payment to creditors as per settlement time frame commitments otherwise as per settlements the settlement done can be cancelled by the creditors.
Now basically what we need to know.
1) Can we make all payments and take no due letters from all creditors while our application is due in High court.
2)Suppose all payments are made and there are absolutely no due and no claimants then what is the status of the company.
Kindly inform status and inform if any good Advocate available in Ahmedabad on the subject matter.
Best Regards
Atul Mehta
Puneet Kumar
20 October 2015 at 12:19
Hello Concern,
I am a recruitment consultant and we had purchase an yearly subscription of Monsterindia.com databse subscription.
The database was too much old and thus we asked the monsterindia to end the subscription.
They are now asking us to pay the amount in full or face the leagal action.
Please help if there is any way out as if we don't like the service then also we needed to pay.
Thanks & regards,
Puneet.
JS
18 October 2015 at 10:27
Dear Sir,
I wish to clarify some doubt regarding Contract with International Companies.
i.e. M/s. BM Co Pvt Ltd(Indian Co) executed some agreement(According to Indian Law & did not register with any authority) for Franchise with BM USA Inc(USA CO)For that the Indian Co Paid some amount in advance.Suppose the USA Company will not do/fulfill the terms as agreed whether the Indian Co can claim the amount or suit any case against in Indian Courts ?
If not what is the alternate way to get the money?
vaibhav
16 October 2015 at 22:24
Whether Search Report of ROC is signed by an advocate?
radha
16 October 2015 at 16:46
Dear Sir,
The details are provided hence the first post is bit lengthy. Kindly accept it for once and all.
Having explained the future posts shall be short.
The Credit Card is issued by Citi Bank India 18 years back and there is not a single default in payments. Based on the excellent history Citibank local branch sold add on card for spouse, to the customer.
Citi Bank has not been providing satisfactory services. It has not been supplying bills on time and levying charges. The courier employed by ban M/s Blue dart was hand in glove with bank and would send false information’s. It held on to renewed card with it for more than a wee k in its office and posted that on complaint posted that customer declined to receive. The street is CCTV covered and customer called the bluff of courier and bank. The bank does not act on courier for obvious reasons.
Customer has permanently blacklisted the Bluedart/DHL courier in writing to courier and bank.
The Citibank was instructed to send bills by Registered Post only. The statement is from 22nd to 21st of the moth and payment due date is changed and sometimes it is 7th sometimes some other date. In place of dispatching the bill by say 24th/25th or even 25th of the month ,the bill is dispatched at times on 7th of the next month i.e. the due date of payment.
The customer has been lodging written complaints by phone calls, in writing.
The local Citibank at place of CC holder, Regional Office at Delhi, Grievance Redressal Officer at Chennai, Principle Nodal officer (Sitaraman) , MD ( Muge Yuzuak), at Mumbai, all were approached. The in charge at Delhi one Tyagi stated that customer may speak to him and he shall resolve the problems. He was changed and then Anshu saini, Vijaylaxmi, joined in his place. Everyone cajoled the customer to not to issue any legal notice and approach court of law. But No one acted and removed the deficiency.
The customer goes to the bank and lodges complaint and get duplicate bill under protest and makes the payment before due date. The payment is debited from a/c of customer before/on due date.
Interestingly the BM and his staff when see that customer is determined they call concerned dept and give in writing that Bill is dispatched By Redg. Post on 23rd of the month. Thereafter Citibank gives in writing that customer should go to Post Office and find out why the Bill is not delivered by post office, while it is CitiBank that has to supply the POD. The Citibank supplies a screenshot (manufactured and fabricated) from its computer to claim that Bill was dispatched on 23rd. The customer has obtained written conformation from post office that Bill was dispatched from Chennai on 8th of next month and this calls the bluff and fraud.
The payment is debited from a/c of customer before/on due date.
Still CitiBank levies penal charges to the tune of 3.75%pm, and has not paid these back, despite having provided the proof of delay, and debit of payment from bank a/c on due date.
One late evening the customer due to age and darkness in ATM inserted the Citibank Credit Card instead of ATM card and withdrew cash. Later having realized, the next day customer paid the withdrawn amount to local branch of Citibank. Citibank levied amount of Rs.300+interest on it for one day usage, in its bill. The customer has never agreed for such charges and moreover the charges are more than advertised by Citibank on its website. The query was lodged in writing with BM, and BM was asked to explain how the charges are calculated but he did not and neither wrote back nor any of Citibank explained in writing and nor has refunded any amount.
The vendors of Citibank apply 2% charges on CC usage, that as per RBI guidelines can not be levied, on the contrary CitiBank employee at Delhi Anshu saini, Vijaylaxmi claimed that Citibank has the right to earn from 2% charges levied by the vendor and whole 2% or 0.5% comes to it. All of the offices of Citibank declined to refund the 2% charges.
The Citibank till date has not accrued old and new rewards points and did not supply printed details of choice of gifts, and forms to redeem the points and collect gift.It did not even allow the customer to use the computer in branch to file it from branch.
The BM and others above BM or atleast the internal ombudsman/Grievance redressal Head/Principle Nodal Officer/MD/Business Head, should have acted and terminated the employment of person that were party to such illegal acts.
On the contrary everyone became vindictive and started leveling false allegations, of derogatory and abusive language.
The customer met BM in his cabin with door closed and talked gently and each time BM would mention that other customers are getting to know of the deficiency and business shall be affected. However he did nothing to remove the deficiency.
The latest local BM has become harsh, threatening and would resort to intimidating language,-gestures (Ghoorna with anger) –staring and instructed the staff under him to not to entertain the customer and call him whenever customer comes to branch and he would dictate the staff on phone and staff would stop doing anything to attend and resolve the complaint.
Rather Citibank in highly arrogant manner wrote that there are other Credit Card issuers in market and customer may buy card from them.
The customer demanded CCTV footage with audio (Citibank has it in all offices and all calls are recorded) and affirmed in writing to pay if there any charges for it. So far Citibank has maintained studied silence on it. The customer is willing to listen verbatim and decipher meaning of each word and conclude if any derogatory and abusive language was used.
Everyone in Citibank has turned vindictive and now issued a notice that customer has been resorting to derogatory and abusive language and within next 30days the credit card shall be cancelled. About 10 days are remaining.
The cancellation of credit card on such charges shall have permanent damage to repute and credibility of the customer that has never defaulted and been believing that one day the bank shall change its ways.
Kindly suggest the bets approach.
Can customer obtain stay on Card Cancellation from consumer forum as interim relief?
Can customer obtain stay on Card Cancellation from civil court as interim relief, till suit is pending?
What all can be done by customer to defend the rights and penalize the bank, be it by consumer, civil or criminal case.
SuperNuvos
15 October 2015 at 23:29
Hello Experts,
I have a basic query about claiming dividends beyond the usual deadline of 3 months. Let me elaborate a little more:
I have dividends (cheques) that are dating back to 2012. For some reasons, I could not deposit them in 2012. These cheques are not valid beyond 3 months after the date of issue..so I am unable to deposit them now (2015).
What should I do to claim these dividends?
Vinod prajapat
14 October 2015 at 22:52
I purchased second hand medical instruments with contract and installments from a party but within somedays machines start malfunctioning and first party denied for any assistance along with first party has no information about original buyer. I have mailed 3-4 letter for help but they didn't respond. Finally i stopped the payment with iinformation and my ac had sufficient fund that time. Am i liable for 138 act?
Ajay Kumar
13 October 2015 at 15:52
Dear Sir, if dowry case is filed against a person and he wants to apply in Govt. Job or want to join in Govt. Job then he can apply or join the Govt. Job?
Bhavik
12 October 2015 at 11:45
We have file Company Summons for Directions in High Court. The order isn't uploaded yet.
Now we have prepared the Petition
Do we have to submit petition on behalf of all transferor and transferee companies
Or one petition on behalf of applicant transferee company would suffice.
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Corportate law
Hello Sir,
Please help me to provide the information as soon as possible.
I have dropped my papers in the present company(10 days ago) as my dad is unwell and needs to get the treatment done in Hometown. I asked for the early release from my company but my Manager denied. I said that I am ok to buy out for the early treatment of my father( I also have about 15 days of vacation leaves which can be availed too) for which they denied too. Just about 7-8 days ago, I got through a company but I have not got the offer letter yet. Most probably after 27th of Oct will I get the offer but somehow my Manager got to know this and he thinks that the reason of my resignation is due to the new job and not my father's treatment and he said that the matter will be taken seriously and will be taken over with the HR but my actual reason for resignation was my dad's health. Also, he tried to get all the information about the company from me and the tone he speaks me with, is bad and sounds like he would terminate me.
Please help me as I do not know how could a Manager act in this way.
Please note I have 4 years of Work Experience in this present company and a termination letter would mean end of the world to me. During the tenure with this company I worked very hard and put in lot of efforts but my efforts have been in vain as they did not give me a promotion or hike.