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.
Gunavant patil
08 September 2015 at 14:16
Hi,
I am working in Defense PSU sector unit i.e. HAL at Ojhar, Nasik .
Presently my address is Ojhar, Nasik due to my service from July 2015. and there is one KV at Ojhar.
my permanent address is at jalgaon Discrict and there is 3 KV in that dist.
i want to take the admission of both for 1st standard for next year (16-17) at Kendriya vidyalaya, Ojhar Nasik.
As per admission procedure of KV 1st standard i.e.
"Each Hon’ble Member of Parliament can refer 06 (six) cases for admission under the scheme in an academic year but such recommendations shall be confined to children whose parents belong to his constituency either by domicile or on account of having been soon-before posted there or else on account of exigencies of service, migrate to his constituency. Such recommendations would be for admissions in Kendriya Vidyalaya(s) located in his constituency only. In case there is no Kendriya Vidyalaya in the constituency of the Hon’ble M.P.(Lok Sabha), he/she may recommend these admissions in the Kendriya Vidyalaya(s) located in any neighboring contiguous constituency "
on the above clause from whom i have to take the recommendation for the admission. ( Nasik MP or Jalgaon MP) ?
Anonymous
08 September 2015 at 14:12
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 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....
Gunavant patil
08 September 2015 at 14:11
Hi,
I am working in Defense PSU sector unit i.e. HAL at Ojhar, Nasik.
I have twin kids (one daughter & one son)both age is 5 yrs. as on date.
i want to take the admission of both for 1st standard for next year (16-17) at Kendriya vidyalaya, Ojhar Nasik.
As per admission procedure of KV i.e.
"Single girl children in class I and from class VI onwards subject to a maximum of two per section in class I and two per class in class VI and onwards. It includes twin girl children also"
on the above clause shall i get the admission because i have twin kids (one daughter & one son) ?
bashar
08 September 2015 at 12:59
We, five brother have purchased a building jointly many years ago and were living as a joint family. Now one of my brother filed a suit for partition in court. My question is that 1) who will pay the partition fees? which is around 10 lakh and 2)If anyone does not have money for partition then what will be the situation? 3)Is there any chance for commission or appointment of a reciever for partition.
nitin
08 September 2015 at 12:57
Is annexure 2 compulsory for private property in mumbai suburban area like chembur deonar for redevelopment of a plot with tenants.....
If so then where to apply to get this documents?
Pls help in urgent need my family depends on it our only hope in mumbai.....pls help
AK PUNDIR
08 September 2015 at 12:50
Respected Sir/Madam,
My question is that an employee named Rohan Join a Pvt. Ltd. Co. on 01/01/2003, & company deducted EPF as per norms. On 31/03/2014 Roahn leave/Resign from job. Rohan withdraw own EPF not from EPS (Pension amount)on 31/06/2014. Again company approach to Rohan & offer higher salary Rohan accept the same & again Join the same company on 01/10/2015. Now Company again deducted his EPF with new EPF account no. My question is what will happen about his previous EPS (Employee pension account. Can Rohan Attached his OLD EPS with new EPF Account No. so that in future / old age Rohan may get higher amount of pension. Please guide me. Thanking You. Cell No. 7409851171
Vk
08 September 2015 at 11:58
Hello experts
Hello experts
query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed in form of genuine advice protectecting husband interest
Vk
08 September 2015 at 11:56
Hello experts
Hello experts
query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.
2All precautionary measures to be taken
3 When to file divorce as already more than year living seperatly
4 When to file custody for child
5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help n
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Section-- 279, 337, 338
Respected All
i have an accident in dec 2003 a young boy put a cricket stump in front wheel of my bike,
he got injured n i took him to doctor, i paid for the initial treatment..n i get him to Senior doctor for full treatment.
After a few days he again started asking money which i denied to give.
so he put an FIR against me in..with claim case ....in jan 2004.
i filled claim of rs 14500.
and didnt go to any further hearing even my lawyer went out of city
now i have been contacted by sub inspector saying he has a arrest warrant against me under section 279, 337, 338
he says gov is about to finish the case and u should come to police station directly
we will get the case ended within a day AND lawyer will stretch the case for years and again you will have to attained all hearings,
while people suggested m enot to fo to PO,,,,,, as they can put me in jail for some days
kindly suggest what shud i do