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PRAGYA ROHATGI   09 December 2008 at 11:28

Merger of Business for Recovery of Loan

Our Company has lend Rs 25Cr to other corporate entity. The company whom we lend the amount was in resturant business , due to heavy losses the company is planning to close business operations and our amount of Rs 25Cr along with interest is still receivable .


We are in very critical position as we have no other option but to sue the company under civil procedure which shall again taken very long time .

Some lawyer is suggesting that if we can negotiate with the company whom we have lend the amount

To take over the present business along with its trademark etc through any demerger process .

Kindly suggest if the deal can be done should we plan to lake over the demerged business and settle the issue .

Also please suggest any lawyers contact no to whom we can contact regarding this issue


With regards


Sandeep Rohatgi

Mobile 09868705794

PRAGYA ROHATGI   09 December 2008 at 11:27

Merger of Business for Recovery of Loan

Our Company has lend Rs 25Cr to other corporate entity. The company whom we lend the amount was in resturant business , due to heavy losses the company is planning to close business operations and our amount of Rs 25Cr along with interest is still receivable .


We are in very critical position as we have no other option but to sue the company under civil procedure which shall again taken very long time .

Some lawyer is suggesting that if we can negotiate with the company whom we have lend the amount

To take over the present business along with its trademark etc through any demerger process .

Kindly suggest if the deal can be done should we plan to lake over the demerged business and settle the issue .

Also please suggest any lawyers contact no to whom we can contact regarding this issue


With regards


Sandeep Rohatgi

Mobile 09868705794

PRAGYA ROHATGI   09 December 2008 at 11:27

Merger of Business for Recovery of Loan

Our Company has lend Rs 25Cr to other corporate entity. The company whom we lend the amount was in resturant business , due to heavy losses the company is planning to close business operations and our amount of Rs 25Cr along with interest is still receivable .


We are in very critical position as we have no other option but to sue the company under civil procedure which shall again taken very long time .

Some lawyer is suggesting that if we can negotiate with the company whom we have lend the amount

To take over the present business along with its trademark etc through any demerger process .

Kindly suggest if the deal can be done should we plan to lake over the demerged business and settle the issue .

Also please suggest any lawyers contact no to whom we can contact regarding this issue


With regards


Sandeep Rohatgi

Mobile 09868705794

vidya sagar   08 December 2008 at 22:00

amendment of counter affidavit

i have filed a counter affidavit wherein i have omitted a para.. now i want to amend it. can a counter affidavit amended under order 6 rule 17 of c.p.c ?

rajendra   08 December 2008 at 18:15

partial decree in a partition suit

Can there be a partial decree passed by the court invoking powers under Order 23 rule 3 of C.P.C - Plaintiffs, Defendants (The family members) can they seek for partial decree to jointly sell one of the items of the schedule properties to the plaint to a third party and continue to fight against other properties ?

bhagwant   08 December 2008 at 10:09

Judgment from Nagapur Bench about M-Phil exemption for NET CET

Bombay Highcourt-Nagpur Bench has delivered judgment about candidates who done M-Phil are exempted from NET CET exams. Can any body provide detail information about it, writ No., date of decesion are welcome.

Thanx

mohan Rao   06 December 2008 at 20:05

consent decree

Hi to all,

I have come across a case where a party to suit pending at Small causes court mumbai, under rent act was deceived by his opponent and due to this he signed excuted consent terms and allowed the passing of the consent decree aginst him. Now he wnts to chlalnge the consent decree to which he was the consenting Party. can he do so/ if Yes what is the remedy available to him ? which will be the appropriate forum?

Thanx N Regards

kumar sachin   06 December 2008 at 16:06

cross examination

can the witness of one defendant be cross examined by another defendant.

Mohamed Ali   06 December 2008 at 11:33

Final Decree Proceedings..


A partition suit was decreed, My grandmother was 3rd plaintiff, she got 1/17th share in the suit.

while filing the petition for Final Decree Proceedings, they have mistakenly brought on record's LR's who are not entitle for share in 3rd plaintiffs share along with other LR's which we did not object at the time of filing.

We want to stike out this LR's who are not etitle for share, Our advocate says it cannot be done in Final decree proceedings as it is not in scope of Final decree proceedings to delete LR's as it is only to divide the share as per Decree ,first we need to get final decree excuted and then we can file a seperate suit to say these LR's are not entitle for share,

consulted with other advocates they say Final decree proceedings is nothing but continuation of orginal suit it is like Original suit ,hence these LR's can be removed in Final decree proceedings itself using Order 1 rule 10(2) CPC.

Question: Can these Lr's be removed in Final decree proceedinds itself ?


In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our Interlocutary Application pending in Final decree proceedings.

Associate R   04 December 2008 at 11:11

Advocates Act

An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.



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