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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Yogesh Kumar Gulati   04 October 2014 at 15:00

Recovery of debt from a pvt. ltd company

A pvt. Ltd. company owes our about 6 lac rupees for the cost of Diesel provided to them on Credit. We have obtained a Certified Copy of their Balance Sheet dt. 31.03.2013 from the Registrar of Companies office. In their Balance Sheet dt. 31.03.2013 they had shown Rs. 10 Lacs as Trade Payable to us. After 31.03.2013 they have paid us Rs 4 lacs by NEFT & cheques. Remaining Rs. 6 lacs is still outstanding. Thus the debts seems to be admitted one.

We have sent them many emails, sms & letters but they are not replying, However on phones they always requests time for payment. Recently we have sent them a Statutory Demand Notice for winding up of the Company under Company Act. The notice was served upon on 05.09.2014. However, they didn't bothered to reply.

Now, our query is -

1- What is the best option/recourse available to us ? -
a- A suit for winding up of the Company or
b- a regular civil suit.

2- What other documents we need to collect to prove our case ?

3- Whether, it is advisable for us to wait for another 2-3 months as the company has yet not filed their Balance Sheet for 31.03.2014 with Registrar of Companies and its last date is now 31.12.2014 or we should proceed immediately without collecting their Balance sheet for 31.03.2014

4- The Company has its registered office at Jabalpur. We, too hails from Jabalpur. So, where the winding up case needs to be filed?

5- The Company's balance sheet for 31.03.2013 shows that they have enough cash & bank balances but in order to dupe us they are not paying. Its directors have very poor payment reputation in business circles. They are doing so with many of the creditors. The applicant personally know atleat 3 of them.

6- whether summary procedure under order 37 CPC is applicable in our case ?

7- what are the chances of success in the case?

Please suggest.

Yogesh Gulati

Srikant G   04 October 2014 at 14:49

Second wife and childs rights in father job and property

Hi
Sir
my friend family her father have two Hindu family

first family have 2 child's and without diverse
second family also have 2 child's
father in the government servant
his died in 2010
In the government service book only first family names in book
first family has taking pension and property
but second family not get anything
and is living in second family 25years old

what are the rights in the second family?
second family child's get her father job?
second family child's get her father pension?





tell me what is get second family

usa   04 October 2014 at 14:26

Difference in date of birth for passport application

Hello, There is a 2 days difference in my birth certificate from my 10th marksheet' my real date of birth is 30/08/1989 which is on my birth certificate but my 10th marksheet has date of 28/08/1989 ..

My passort application is pending in rpo bhopal from last 16 months..they had sent me objection letter
Passport office is demanding fresh birth certificate which is not possible because birth certificate date never changed and markshhet change is also almost impossible procedure..

Pls guide me how do I get my passport ,
What is my right to get passport in this situation.

Saurabh Pathak   04 October 2014 at 13:28

Filing of mac suit without fir

Mr. X had met with an accident about 2 month ago and got some minor external injuries so no FIR had been registered for the same.But, after careful diagnostics, severe internal injuries were discovered and till now he is under medical treatment.Please suggest if MAC suit can be filed without having registered FIR.

P K TRIPATHI   04 October 2014 at 13:03

What is roof right in delhi

IN A MULTI OWNERS BUILDING ROOF RIGHT HAS BEEN GIVEN TO OWNERS OF TOP FLOOR I.E.3RD FLOOR AND THEY ARE CONSTRUCTING ANOTHER FLOOR. THUS THE OTHER OWNERS ARE PREVENTED TO VISIT ON ROOF FOR MAINTENANCE WORK. MCD OFFICIAL IS ALSO NOT DOING WELL. THUS I WANT TO KNOW THE MEANING OF ROOF RIGHT IN SUCH SITUATION. WHETHER ROOF RIGHT INCLUDE CONSTRUCTION RIGHT AS WELL. BY CONSTRUCTING ANOTHER FLOOR LIFE OF THE BUILDING SHALL ALSO WORSEN. KINDLY HELP ME WHAT SHOULD TO DO.

M Satyanarayana   04 October 2014 at 11:38

Partition suit and metes and bounds

Sir,

I am contesting partition suit for past 18 years with my sister. The litigation is very keenly contested by both of us upto Supreme Court. My sister claiming on fake documents the entire property contrary to the Court orders of partition of 1/3rd share each to the family members including my father. Further her daughter is also claiming the entire property on false ground and they are not honouring the Preliminary decree which was confirmed by the Supreme Court. I filed appointment of advocate commission dividing the property by metes and bound and also mesne profits. I would like to know why the Hon’ble Court is ignoring the higher court and apex court orders of preliminary decree and entertaining the fake claims and petitions of my sister and dragging on appointment of advocate commission . My sister does not agree the present partition suit being a party which is prima facie proved on many occasions and dismissed her appeal and revision. If such is the situation why I should waste my time on metes and bound can I claim entire property by mesne profit and attachment of my sister’s share which my sister owes mesne profit to me and skip appointment of advocate commission in a partition suit that has become meaningless. My sister will not have advantage of prolonging the vexatious case. Unfortunately I am the ouster co sharer in the property from the date of filing the suit. Please kindly advise whether it is possible on hypothesis or under Indian Law such remedy for litigants like me.

Thanking you,

MSN

Anonymous   04 October 2014 at 11:08

fraud towards anaj mandi

Sir,
Few Entities has purchased some goods from farmers on forged anugya patra. Towards which mandi athourity has asked penalty along with mandi tax. Some entity has duly paid the same. After long time of aprox 1 year from the date penalty was paid mandi athourity again taking action has made fir and arrest warrent was issued for all including those who had paid penalty

Now the query is can mamdi athourity take such action against the entity who had paid penalty n that after such long time

kalaivani.c   04 October 2014 at 10:43

Age limit for doing bl honrs

SIR,
I am completed B.Com in 2010. am i eligible for doing BL Honrs?and year of birth is 1990

shah   04 October 2014 at 10:22

Section-9

I have filed section-9 against my wife. she wont come with me so i would like to withdraw section-9 case. But judge said that he will give her maintenance under kalam 25. but my lawyer opposed that. my lawyer said that she has already filed Section 125 n DV for maintenance case against me. I am ready to pay under kalam 24 for expenses of section-9. So, Judge has right to pay maintenance under kalam 25 in section-9? What shall i do in this situation?


My wife has disclosed details of my bank account. She has recived my bank details from bank/other sources. What shall i do against her?

Dr R SHANMUGA SUNDARAMM   04 October 2014 at 06:26

Tn former chief minister j jayalalitha's judgement

Please find the TN Former Chief Minister J Jayalalitha's Judgement
IN THE COURT OF THE 36TH ADDL. CITY CIVIL & SESSIONS JUDGE (SPL. COURT FOR TRIAL OF CRIMINAL CASES AGAINST KUM. JAYALALITHA & ORS) AT BANGALORE by 36th Addl. Sessions Judge, at Bangalore.

Regards
Shanmuga Sundaram R