Anonymous
23 May 2010 at 18:16
Actual Story of My Company
1) My Self “A” Founder member of the Public Limited Company, By the Name “ KP Limited” founded in the year 2005, Myself Chairman, Other Two Directors - Resigned
2) From Last one Year Myself alone is the Director, I “A” is the Authority Signatory on the Bank Cheque book
3) Duly signed cheque book was always kept with “B”, to make it easy, to handle day to day activities, as I was looking technical activities & I was always out of station for technical problems & bringing the business for the company.
4) 01/05/2009 – Appointed “B” as a “Chief Executive Officer of the company” handle the Day to Day Activities of the company, Accounting, Commercial Matters etc.
5) 18/05/2009-“B” Issued the purchase order to “C” Proprietary Steel trading company, situated at Mumbai. For supply of SS Sheets, at our factory Address Pune. PO having Forged Signatory of “A”
6) Where “B” & “C” knows each other from last 2 Years, Their previous company relationship. Myself “A” Don’t know “C”, Never seen to “C”
7) Material Supplied by “C” as per the instructions of “B”, Directly at Mumbai but not at the delivery address maintained in the PO which is at Pune.
8) Delivery Challans of “C” are not signed by any authorized persona of The Company KPL Limited or by “B” Or “A”, Challan has signatory of unknown person ”D”, the third party. without knowledge to “A” & without consent of “A”. The Party “D” is Fraud & Hidden today, I Tried to find out him but, he has run away.
9) Myself “A” kept the duly signed cheques, with “B” for the better day to day operations of the company, “B” Cheque of Rs 4,09,000/- which was bounced, in the month of Nov 09.
10) Again “B” Issued another 9 Cheques of Rs, 1.00 Lacks x 8 Nos & 81000 x 1 No, write one request letter to return the previous cheque, of Rs 4,09,000/- & take the signatory of “C” on it.
11) 1st Cheque of Rs 1.00 Lack was returned un paid on 3/12/09, The DD of the same amount was issued by “B” to “C”, from companies account. In the month of Oct also one 1.00 Lack payment By DD & 1.00 Lack cash was issued by “B” to “C” from company account. ( Total 3.00 lack is issued to “C” By “B”.
12) At the time of collection of DD on 9/12/2009, “C” come down to pune, Company office & Forced & Threatened to “B” to issue the Single cheque of Rs 8,05,000/-, & “B” Issued the cheque of Rs 8,05,000/-.
13) The FIR at the local police station was registered for Threatening & Forcefully taking the Cheque of Rs 8.00 Lacks & Non returning of the previously taken 8 cheques.
14) Mean while, I was out of India for @ 1 Month, Notices were send by “C” to Company, Accused No 1-“A”, Accused No 2-“B”. I come to know this fact in the month of Jan 2010, & I received the Summons, for the 1st returned cheque, of Rs 4,09,000/-& others too.
15) “C” has filed complaint in the court Mumbai, for all Cheques, except Rs 8,05,000/- showing that after issue of this cheque of Rs 8,05,000/-, I have issued the cheques of Rs 1.00 x 8 Nos & 80,000x 1 No. to him.
16) After this I Myself study the whole case & observed that “B” & “C” have done the complete story to get the money from the Company “KPL Limited” & From “A” and cheated “A”. Neither the material was supplied to the company, no where the stamp is. No where the work order is prepared to deliver the material Directly to other place. The PO issued also is fraud. I sacked & Terminated “B” from the company. Now he is not working with the company.
17) All total 9 cases are in the Mumbai court, Cross for all is going on. I am getting pressurized to settled the matter, by Both My Advocate & also the complainant.
What Should I Do?
I Or company don’t have money to pay such heavy amounts, today.
I am at very critical finance situation.
Pl Advice
pratik
23 May 2010 at 16:37
what do u mean by property card & its advantges & dis advantages ? The period till the card is valid.
pratik
23 May 2010 at 16:33
What do u mean by encumbrance certificate ? Its uses advantages & disadvantages ? When this certificate is required & why ? As per which section does this certificate is defined.
Thanking u all experts in advance.
Anonymous
23 May 2010 at 15:44
On dispute with a Small Scale Unit , the CPWD appointed an Arbitrator, from its own department. While publishing the award , the Arbitrator has granted interest under the Arbitration Act and not under the Interest on delayed payment to SSI act, although the same was asked for, taking the plea that Arbitration is under the Arbitration Act 1996 and not under the Interest on Delayed payments to SSI Act.
Is this legal namely when SSI units take loans from Banks and pay interest to Banks on monthly basis ??
What are the quick remidies ??
Tirupati International
23 May 2010 at 15:37
A Small Scale Industrial Unit has received two awards made by the Learned Arbitrator appointed by the DGBR (Director General Border Roads).
a)The awards were challenged by the Chief Engineer although the Arbitrator were his own collegues appointed by DGBR.
b) On enquiry it was revealed that it is a Gov.of India policy to challenge all awards .
c) The very purpose of the Arbitration Act , as a forum for quick resolution of disputes is defeated , if it is correct that Gov of India has given directions to challenge all awards.
d) The award took 2 years to be published.The Dist Court took 3and a half years to uphold the award.
e) The matter lies before the Hon.High Court now for 2 years.
f) Although the Interest on delayed payments to SSI units makes it obligatory for the Organisation challenging the award to deposit 75% of the value of the award in Court, is it true that awards can be challenged without such deposit and cases kept pending for justice for years together ??
Can learned friends guide a way for quick disposal.
The SSI unit is in brink of collapse and is there any way to assist speedy disposal.??
binukokkad
23 May 2010 at 13:12
whether a prohibitory injunction can pass aganist ture owner in connection with a unregistered sale of agreement? can i get any citation(high courts or Hon'ble Sup.Court)?
Anonymous
23 May 2010 at 13:07
Sir, I have sold my flat in Navi- mumbai. The flat is on loan and balance it to be paidoff. The buyer wants to sign deed of assignement before closure of the loan. It was agreed between us that buyer will apply for home loan and offset my loan against his loan approval. I want him top pay me the difference but he insist that deed of assignment to be signed an he will pay me the differnce and loan amount will be settled directl later. Is it right to do so.
Anonymous
23 May 2010 at 13:05
i want to obtain the license for froducing the wine what will i have to do for that?
Regards
kamlesh kumar
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Ex parte
When a defendant does not appear to the first hearing of the suit the order 9 rule 6(1)(a) apply. Which rule apply when defendant does not appear in subsequent hearing of suit?