SANJAY SINGH
20 November 2019 at 08:52
Can I convert a Proprietor Company to Private Ltd. Company and use the Experience of Proprietor Company ? [Executed Work Order/Supply Order, Financial Position (Balance Sheet/ Profit & Loss Account etc.)] of Proprietorship Company in Private Ltd. Company as Credential for getting New Work Orders/Supply Orders for Converted Private Ltd. Company as Experience under following situations? 1. The Chairman of the Private Ltd. Company is the Proprietorship in Proprietorship Company.
This question is in reference to the judgement of New Horizons Limited Vs. Union of India (1995) 1 SCC 478
Paragraph 23 of New Horizon Limited reads as under:
Quote:
23. Even if it be assumed that the requirement regarding experience as set out in the advertisement dated 22-4-1993 inviting tenders is a condition about eligibility for consideration of the tender, though we find no basis for the same, the said requirement regarding experience cannot be construed to mean that the said experience should be of the tenderer in his name only. It is possible to visualize a situation where a person having past experience has entered into a partnership and the tender has been submitted in the name of the partnership firm, which may not have any past experience in its own name. That does not mean that the earlier experience of one of the partners of the firm cannot be taken into consideration. Similarly, a company incorporated under the Companies Act having past experience may undergo reorganization as a result of merger or amalgamation with another company, which may have no such past experience, and the tender is submitted in the name of the reorganized company. It could not be the purport of the requirement about experience that the experience of the company, which has merged into the reorganized company, cannot be taken into consideration because the tender has not been submitted in its name and has been submitted in the name of the reorganized company, which does not have experience in its name. Conversely, there may be a split in a company and persons looking after a particular field of the business of the company form a new company after leaving it. The new company, though having persons with experience in the field, has no experience in its name while the original company having experience in its name lacks persons with experience. The requirement regarding experience does not mean that the offer of the original company must be considered because it has experience in its name though it does not have experienced persons with it and ignore the offer of the new company because it does not have experience in its name though it has persons having experience in the field. While considering the requirement regarding experience it has to be borne in mind that the said requirement is contained in a document inviting offers for a commercial transaction. The terms and conditions of such a document have to be construed from the standpoint of a prudent businessman. When a businessman enters into a contract where under some work is to be performed he seeks to assure himself about the credentials of the person who is to be entrusted with the performance of the work. Such credentials are to be examined from a commercial point of view which means that if the contract is to be entered with a company he will look into the background of the company and the persons who are in control of the same and their capacity to execute the work. He would go not by the name of the company but by the persons behind the company. While keeping in view the past experience he would also take note of the present state of affairs and the equipment and resources at the disposal of the company.
Unquote:
Thanks.
pushpakrishna
20 November 2019 at 05:34
Dear experts
A suit for recovery of money filed against the legal heirs on the basis of promissory note.
But they don't know about the amount taken by their father.
No notice given before filing the suit to the legal heirs.
Is the suit is valued and maintainable in the Court.?
Kindly give suitable advice on this issue
Thanq in advance.
Nikhil chaudhary
19 November 2019 at 21:19
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NAGARAJ
19 November 2019 at 21:10
Unregistrrd will testator not named the executor in the will .....as per sec 276 of indian succession act As a beneficiary .shall i directly approach the court for get the probate the will.?
Is executer is must?
Supreet singh
19 November 2019 at 21:07
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JG
19 November 2019 at 20:31
I am married since 4 yrs..we were living together 5 months..then v were seperated...my husband wants divorce from me from last 2.5 yr..coz he has extramarital affair with another unmarried girl...i dont want to give him divorce...he told me he vl livein with that unmarried girl or do maitrikarar...can i take any action against that unmarried girl or against my husband if they vl go in livein?
Shruti Shruti
19 November 2019 at 19:12
In my criminal case, where i am A1, I had applied for stay. And I have been appearing as Party-in-person in trail court.
Query:
1. If stay is granted, do I need to still appear for the hearing dates? (As I dont have appointed any counsel for 317 etc petitions.)
Shailesh Vakil
19 November 2019 at 16:32
We are residing in Pagdi type building in Mumbai since last 58 years. Our rent receipt is in the name of my father and uncle, who is not residing at same place since last more than 50 years. Now we want to remove our uncle's name from rent receipt. Landlord is saying to get affidavit cum undertaking from my uncle. My uncle is ready to give the same. Where can I find draft affidavit cum undertaking? Can someone help.
Anonymous
19 November 2019 at 15:42
I have query regarding approval of share transfer form. If Company having two Directors namely Mr. A and Mr. B. and Mr. A has 90% shareholding and Mr. B has 10% shareholding. Mr. A wants to transfer his shares to his wife but Mr. B is objecting the same. He is deliberately not attending Board Meeting for approval of share transfer form and signed any documents on behalf of the Company. Then, How can this transferred in being done ?. Please provide some procedure.
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Have kharedi khat but agent/developer not giving 7/12
Hi Experts,
I have purchased a land near pune and did the kharedi and paid full amount to the Agent/Developer. Now the are not replying and also not giving the 7/12 utara. Please let me know who to obtain the 7/12 using Kharedi Khat.
Thanks,
Raj