maithriforex
20 November 2013 at 23:03
a co-op bank(employer) is not relieving employee on resignation without giving any reason or notice. it has been 9 months after resigning and till date i have no communication whatsoever on acceptance or otherwise. the salary payment has also been stopped from the subsequent month of resigning. I have given 4 reminders and no reply for that as well. the employer is due to me for gratuity, leave encashment and other benefits.
what would be appropriate step? kindly guide. also provide me with advocate contact details from bangalore.
Siva
20 November 2013 at 22:20
Dear Law Experts,
Pls answer the following Query:
A year ago, the Banker has sent the Symbolic Possession u/s 13(2) to the Borrower / Guarantor (Parties) and the parties gave representation u/s 13(3A) to the Bank by raising some mistakes done by the Lender / Banker. Further, the Banker has sent Physical possession notice u/s 13(4) and at that time, the Parties paid a fair amount (almost the principal amount of the loan) and make the notices “NULL & VOID”. Later, they asked for the OTS & tenure extension. The then Manager of the Bank agreed to do so but there is no proper response for about a year and, the parties were in faith of getting OTS. However, started repaying some amount genuinely. But now, without serving notices properly to the parties, the Banker has now taken Physical Possession, saying that they had sent notices afresh and the parties didn’t act upon to that.
But this time, actually, the "(new) Symbolic Possession notice" u/s 13(2) has not been served to the Borrower / Guarantor properly since the Banker has mentioned an “incorrect / wrong correspondence addresses” of the Borrower/Guarantor. Also, they are saying that they had sent to the mortgaged property address where only the tenants are living in that mortgaged property but the Borrower / Guarantor lives in some other address and they already given their living address as correspondence address to the bank (mentioning Change of Address) but the Banker didn’t sent the Notice to the correspondence address which makes the Borrower / Guarantor non-receipt of the Symbolic Possession Notice.
So, the Borrower / Guarantor unable to give objection / representation to that notice u/s 13(3A) or to act upon that notice. This shows that the Banker didn’t give time to the Borrower & Guarantor to give their representation, and tactfully, cunningly invoked the Physical Possession u/s 13(4) in the intention of selling the property and published in the News Papers, too, about the physical possession. Now, the Banker locked up the Guarantor's property when the Guarantor had gone out of station and also forcibly vacating the tenants? If asked the tenants about the notice, they are saying that they were not aware of those notices and the postman didn’t tell anything about the notices. I believe it is not the tenant’s or postman’s job to notify the party as they may not aware the subject but it is the Banker’s sole duty to serve proper notices. Isn't it?!
My view is that both the recent notices (Symbolic & Physical) were NULL & VOID as they didn't post to the Correct address and/or didn't given time to act upon that notice served. But, how come the Banker has taken the PHYSICAL POSSESSION? Thus, the Banker creates defamation to the Guarantor / Borrower with their rude approach. Can the Parties sue the Banker and give police complaint against Banker for trespassing the Mortgaged Property? Whether the Parties to approach the DRT or CIVIL Court in this matter? Can the Borrower right to break the lock which was put illegally by the Banker and enter into the property? Because, they (Banker) didn't get the DM / CMM order till now. Will there be any legal implications by doing so? Or, can the parties take photo / video of the locked property and handover the same to Policemen and take action against the Banker for their illegal act?
However, now the Party (Borrower) started paying the dues to the Bank and updates / regularize the loan account. Recently, the Borrower paid around Rs. 2 Lacs (Rupees Two Lacs) towards his Loan A/C in the span of one week time and asked the Bank to restore the possession. But, the Banker did not oblige to restore the physical possession or to revoke the legal actions and not soft to the Borrower. HERE, MY QUESTION IS WHETHER THE SERVED DEMAND NOTICES 13(4) / RULE (8), ETC., BECOMES “NULL & VOID” SINCE THE BORROWER STARTED PAYING THE OUTSTANDING AMOUNT AND UPDATES THE ACCOUNT? IF SO, HAS THE BANKER TO INITIATE THE SARFAESI ACT AFRESH BY SENDING THE DEMAND NOTICE U/S 13(2) AGAIN AND GIVES 60 DAYS MORE AS IN THE SAID ACT? OR, THEY CAN PROCEED WITH THE EARLIER NOTICES? IF THE BANKER IS NOT SENDING THE NOTICE U/S 13(2) AFRESH, CAN THE BORROWER SUE THE BANKER AND COMPEL / INSIST THEM TO RESEND THE NOTICE U/S 13(2)? IN THIS CASE, WHETHER THE BORROWER HAS TO APPROACH DRT OR CIVIL COURT?
Thanks in advance.
Raghu ponnala
20 November 2013 at 22:00
I had bought one acre of land under my two sons name half acre each. I want to sell the land whatever money i get from the sale i will open an account under their name and use these money for their education.
my question.
Why should i need permission from the DJ.
When i am taking (sale proceeds) checks under the minor name using this amount for their education.
srinivasa
20 November 2013 at 21:55
SIR
WHILE APPLYING FOR LPG DISTRIBUTORSHIP
THEY ASKED US TO SUBMIT SOME NOTARISED AFFIDAVITS IN NON JUDICIAL STAMP PAPERS,
BUT NON AVAILABILITY OF NON JUDICIAL STAMP PAPERS I HAVE AFFIXED SPECIAL ADHESIVE STAMPS PURCHASED FROM THE REGISTRATION OFFICE WITH SUB REGISTRAR SIGNATURE
IS THERE ANY PROBLEM
PLEASE REPLY
srinivasa@licindia.com
Vinesh K Chhaya
20 November 2013 at 21:24
Pls Inform about Jurisdiction for termination of sale which has done under provision of SECURTISATION ACT-2002
THE SALE CERTIFICATE (SALE DEED) Is resulted from the application of SECTION 13(4).
SPECIFIC RELIEF ACT CAN BE APPLICABLE ? or appeal under Sec. 17 and civil procedure code to be proceed jointly in separate forums?
akash
20 November 2013 at 21:11
Hello Experts,
I recently bought a commercial shop in Delhi which was under a 9 year lease to a Pvt Ltd company, so that I could have a running income.
The lease deed between the previous owner and this company was a notarized one. 2 days after I bought the property after registering the sales deed, I got to know that the previous owner had terminated the lease with the company just 3 days before the sale date.
The fact that the property was under lease already is not mentioned anywhere in the sale deed. In my opinion, the previous owner connived with the company owner and entered into a temporary deed just so that he could get more value for this property by showing higher existing rentals.
Now the rentals that I'm being offered are much lesser. The only reason I paid more was because of the higher rentals this property was getting.
Is there any way I can prove that I've been defrauded, since I entered into the sale agreement solely because it was already under a lease with high rentals? I don't have any written proof of the promise made to me about the rentals I would be getting, so how do I prove this fact?
mahesan
20 November 2013 at 21:00
Grand Father executed settlement deed in his son, son had one son and one daughter. Son and his son sold one part of share to third party. And son executed settlement deed to his son. And not given share to his daughter. Daughter entitled any share?
Amit Kumar
20 November 2013 at 20:52
The notification no 30/2012 http://www.servicetax.gov.in/notifications/notfns-2012/st30-2012.htm talks about payment of Service tax by receiver of services. I have queries regarding the following clause: "services provided or agreed to be provided by any person which is located in a non-taxable territory and received by any person located in the taxable territory;"
1. Was this implemented for the first time w.e.f. 1 July 2012 ??? So if some one wants to pay the tax voluntarily, is the same is to be paid from 1 July 2012 only.
2. Is the limit of Rs 10 Lakh not applicable to it ???
3. I submitted ST-1 form and got print out from https://www.aces.gov.in/, it refers to some documents for individuals like PAN Card and Address Proof, are the same enough. And is this to be submitted to the Service Tax Department by Post or in person.
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When PF and ESI is applicable to an organisation. What are the No. of workers or employees in an organisation.
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