Nitesh Umate
12 September 2015 at 13:50
Two People incorporated Company with paid up capital of Rs. 80, 00,000 this Amount withdraw from bank for purchasing plots for Company & main object of the Company land development & Construction?
Mohammad
11 September 2015 at 21:57
Hello Sir/Ma'am,
My name is Mohammad. I have a query. I worked in a BPO and due to some issues in my family I resigned because I was to leave for my native place. However, I resigned from the organization and I was able to select the releaving date for the very next day. I had a word with the HR for the notice period, however the next day my card was blocked and my employee ID was also blocked. Now it has been 10 days and they have yet not accepted my resignation. Now I am not able to join any organization. I already told my team lead that I am ready to pay whatever amount is needed to pay. I am still not getting any response.
What should I do now? Could you please help me out with this issue?
RAKESH BALLABH
11 September 2015 at 15:29
SIR,
WE IMPORTED POLYSTER FIBRE HOLLOW CONJUGATED SILICON FROM A CHINESE COMPANY AGAINST L/C. WE ORDERED 38 BALES (ABOUT 11400 KGS) WHICH WAS SENT TO US BY SEA UPTO ICD, TUGHLAKABAD, NEW DELHI VIA PIPAVAV PORT, INDIA. HOWEVER, DURING A JOINT SURVEY IN THE PRESENCE OF THE SHIPPING LINES, CORCOR AND THE CHA, ONLY 1115 KGS. OF THE GOODS WERE FOUND. CAN WE FILE A SUIT FOR COMPENSATION AGAINST THE SUPPLIER FOR SHORT SUPPLY WHO HAS REFUSED TO COMPENSATE AND THE FOREIGN SHIPPING LINES AND UNDER WHICH LAW/ ACT/ RULES AND WHICH COURT/
PLEASE PROVIDE ME YOUR EXPERT CONSIDERED OPINION SO THAT I MAY TAKE ACTION BEFORE IT IS TOO LATE.
RAKESH BALLABH, NEW DELHI
Piyush Sharma
10 September 2015 at 15:09
Hello , My name is Piyush , I am from MP. I want to ask all experts here about forged cheque. I am sub contractor and I took a project of Road. I did so many work on that project and I have to take A lot of money by Main Contractor. After a lot of time He finally Provide me 3 cheques , one cheque is with my firm name and other is with My name. And When I went to bank for confirmation of Account and signature bank Official told me that this signature is not valid. Now U want to ask you that what I can do with this cheque , I don't have any Written document or Agreement of that Company. But I have 1 Letter pad Blank paper with signature on that. And All cheques are of That construction Company's Name which are written on cheque. Please Help me that I want to take my money in any condition. What should I do now ? How and where I should complaint against that Company. Please provide me information as soon as possible. Thank you
RD
10 September 2015 at 13:10
Dear All , kindly opine on the following :
1. I had formed an LLP in 2012 , and I had only one business transaction since the inception.
2. I have missed my Annual Filings and now I want to dissolve the LLP.
3. I understand that before that I will be required to comply with the Annual Filings, which is attracting exorbitant penalties , Rs . 100 on daily basis .
4. I want to know whether there is any provision or procedure for waiver of these penalties ,
especially as there has been almost no
business . Kindly let me know the steps to get
absolved from penalties .
Thanking in Advance. . . .
jyotirmaya behera
09 September 2015 at 19:13
The applicant loaded 5 wagon of COKE for delivery of the goods to his siding. Out of five wagon only 4 wagon are delivery to the applicant siding but one wagon was not delivered by the Railway.
Applicant filed an OA before the railways tribunal for non-delivery of the goods. After filing of the Original application before the learned tribunal, the railway delivered the goods to the applicant after 5 year 4 month of delay. At the time of pending OA, the counsel of the Railway submitted that the goods has been delivered to the applicant. This point was placed before the member judicial ( Tribunal) and the Tribunal passed the order that the Railway will pay the compensation i.e. the only interest part (for the 5 year and 4 month) of the total valuation of the goods.
Now matter is that the railway has filed the appeal before the Hon’ble High Court for set aside of the order passed by the Tribunal.
1. The Tribunal passed the order rightly or wrongly?
2. What is the SC judgment are available regarding this part?
3. On which ground the High Court set aside the order of the Tribunal?
Pragandh Ketkale
09 September 2015 at 18:08
XIV. Business Partner shall not, directly or indirectly, develop, manufacture or distribute any products similar to or competitive with the Product in the Territory or elsewhere during the agreement period and Two(2) Years from Termination of Distributor/ agent relationship with “Company".
Non Competition clause is valid or not
Gaurav Gujrati
08 September 2015 at 15:09
Sir,
If the company takes loan from the private bank and that bank is also shareholder of the company and thereafter the company fails to pay their loan amount in spite of various request made by the bank. In that condition can bank file a petition for winding up of the company for recovering their loan amount ????
Thanks & Regards
Gaurav
Bhavita
08 September 2015 at 14:39
Hi,
I had made exports under 90 days Usance LC to a foreign buyer. My export bills ( three in total )were discounted by bank as per my existing limits with them. However on due date, the LC issuing bank refused to honour/ Pay citing that they had negotiated the documents under “URC 522 (collection basis)” for all the three shipment / documents negotiated. Now, on taking up the issue with my banker here, my Indian bank says that they had negotiated and discounted the bill because they had received Acceptance on all three occasions from the LC issuing bank, and are asking me to pay up instead of accepting their fault in MISHANDLING OF DOCUMENTS and demanding the rightful dues from the LC issuer. On asking for the communication of swift exchanges between the two or the email exchanges, my bank here had always denied providing me the documents citing some reason or the other despite several reminders via email, msgs and orally to them for nearly 4 months. Only after sending them a notice under RTI, they provided me the communications between them and the LC issuing bank. To my utter shock, the contentions of the LC issuing bank were found to be true . Every swift communication sent by then to our bank here mentions “MSG UNDER URC 522”. This clearly shows the Blunder committed by my negotiating bank in handling documents and reading the swift communication / ACCEPTANCE messages properly causing ultimate losses to me. Had they noticed it in the first instance itself, we would have been in a position of not accepting their contention and would have been in a position to recall the goods back. Not to mention that further shipments would never have been sent. You will agree that it’s just because of their foolishness if i may call it; they have put me in this situation of heavy loss.
Fortunately for me (I guess), I had taken an SSI individual shipment policy from ECGC against the LC issuing bank and the exports. The claim for which is still pending with ECGC and is under process and review.
Now, they (my bank) have approached the DRT and have filed a case against me and they have issued me a notice under Sarfasai Act asking me to pay up all the bills discounted with huge interest, close the existing OD limit with them and have marked my account NPA. Or else they will seize auction off my property mortgaged with them.
My questions are:
1) Is my negotiating bank’s action justified in ignoring the swifts sent under URC 522 and now claiming upon me?
2) Is there any action I can take against the negotiating bank for its Blunder committed which has caused me heavy loss?
3) Is there any action we can take against the LC issuing bank ?
4) Is the negotiating bank justified in filing claim with DRT even if the fault is on their part?
5) Can the negotiating bank file a case , mark my account NPA and issue me notice even when a claim is still under process/ pending with ECGC ?
(In a smilar query of Sarfasai notice when ECGC claim is still pending on this forum Lawyer Club of India ( some two years back) on an query from one Mr Mehta Harish, Experts – Mr Raj Kumar Makkad and Devjyoti Bhramman had replied that the notice is illegal).
Kindly advice further.
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