Rohit Chauhan
24 July 2013 at 15:19
Dear Sir/Ma'am
I need your Valuable help in the case in the message.
I want to know the provisions applicable in the case, any decided case laws and guidelines/instructions and provisions for preparing the documents for both the parties to the case.
IN THE MATTER OF:
SH. RAMCHANDRESHWAR RAMANUJAM RAJINDER
VERSUS
M/S JHINGAROOO INDUSTRIES PVT. LTD.
M/s JHINGAROOO Industries Pvt. Ltd. (the Company) is a company incorporated in India having its Registered office at New Delhi. The Company is engaged in the manufacturing of Tyres and other rubber products and have its production units in State of Haryana and also State of Uttar Pradesh.
The company recorded a peak annual turnover of Rs 13500 Lacks in 2008‐ 09 and net worth at Rs 5000 Lacks. To cope up with competition from overseas players such as low cost supplies from China M/s Jhingarooo took large secured loans for up gradation of its plant and machinery from
various scheduled banks in India however due to stiff competition the company continued to incur loses so much so that it suffered huge losses in the financial year 2011‐ 2012 and reported its worst
turnover of just Rs 1350 Lacks and its net worth dipped to 2495 Lacks. The company in the tough times failed to pay its debts a consequently one of its unsecured creditor approached the Hon’ble High Court of Delhi for winding up of the company under the provisions of the Companies Act, 1956. The company also realising the fact that it may not be able to stand the times ahead,
approached the Hon’ble High Court of the Delhi for its winding up against the will of its share holder Sh. Ramchandreshwar Ramanujam Rajinder citing that he has no say in the functioning of the company since he only holds one share of the company. Sh. Ramchandreshwar Ramanujam
Rajinder decided to file an Application on the ground that the company petition for winding up is not maintainable in view of the provisions of Sick Industrial Companies (Special Provisions) Act,
1985 and the company ought to have filed for rehabilitation of the company in terms of the provisions of the said act. In the meantime on the basis of the media reports appeared in leading news papers the Board took suo moto note of the sickness of the company and order inquiry into the sickness of the company and appointed an operating agency on 31.12.2012.
That on the other hand the company bench of the Hon’ble High Court after finally hearing the matter on 23.01.2013 came to a conclusion that there is infact no scope for the revival of the company and ordered for the winding up of the company in accordance with the provisions of the
Companies Act, 1956.
Aggrieved by the said order of the Hon’ble High Court of Delhi Sh. Ramchandreshwar Ramanujam Rajinder, preferred an appeal against the said order.
Siddhi Jhunjhunwala
24 July 2013 at 12:52
We had purchased goods in west bengal by paying VAT, transferred the goods to our branch office outside west bengal at cost price.
How will we show this in our West Bengal VAT Return? How much Input will be reversed?
KETAN J SHAH
22 July 2013 at 21:05
Respected Sirs.
B M C had issued notice under sec 53 (1) of M R T P act and one months notice was given to the tenant to either get the unauthorised structure regularised or reinstate as per original sanctioned plan. The tenant instead of complying with the B M C's Order approached the city civil court and filed a suit against B M C .Today after 2 years the suit is in the stage of Notice of Motion hearing and now the tenant wants to file chamber summons to ammend the Plaint.
The original plaint says that the letter for application for regularisation submitted by the tenant was rejected and now in the ammendment the tenant is saying thast the letter is accepted. These are 2 contraditory statements by the tenant.
Now the question is wether at this stage of suit when the Notice of Motion is to be heard can the plaint be ammended by chamber summons . If the letter for regularisation is accepted by the B M C then does the irregular structure get authorised without the NOC of the Landlord.
Please give your valuable opinion.
Thanking you in advance.
Jemmy
22 July 2013 at 12:25
We are 7 children born to Muslim Parents.Six females & 1 Male.My father owns a house & a vacant site in his name. Please explain how can he share this to his children. Can he gift the vacant site to his son if he wants to.
Sarita Nakhe
22 July 2013 at 12:20
Trust registered under Bombay Public Trust 1951 and not registered under section 12AA income tax act 1961 and received donations say Rs.5 lacs in a year. Now the trust spent only Rs.1 lac out of Rs.5 lacs in a year. Can the trust transfer this Rs.4 lacs into the corpus? Is it compulsory for the trust to spend whole amount received from donation in the same year? Is the balance unspent amount is taxable as the trust is not registered under section 11 and 12 of income tax act?
Chandrika Subramaniyan
22 July 2013 at 10:41
Background
Rents from Tenant of 6 Years were received irregularly from 4 years ago. And eventually his cheques had bounced. He was also found to be using the residential area for commercial purpose. Although he agreed to pay rent it never matererialised and eventually we had filed a case 3 years ago for eviction based on misuse of property and for owner occupation. While the case was in progress….a year down the line one of the co owners (Husband) passed away. But Lawyers continued to conduct the case under current legal owner (Wife) and finally procured the eviction order from the lower court. When they went to take possession with Court Ameenas and police protection….it was found that a new occupant had taken possession from the original Tenant by paying a sum. The new occupant refused to vacate but appealed in high court where his case was turned down and withdrawn by his lawyer under a threat from the Judge that if he did proceed with the case, the lawyers future would be a question mark as the Judge thought the verdict of the lower courts were apt. Now the case is back on the lower court and the tenant and his lawyers use delay tactics ( repeated Petitioning without any reasons etc) and the case is being delayed.
I would be grateful for your observations , opnions and guidance for a speedy conclusion of the said case.
Thanks
CS
satya prakash
20 July 2013 at 19:39
Dear Sir
what is the time period within which a person should get hes property assessed for fixation of property tax under Hyderabad Municipal Act. What will be consequences if the property remains unassessed for a certain period may be 02 years after its purchase and subsequently after two years assessment is done and paying the Property tax regularly.... Please advise as to any retrospective action GHMC may take for the unassessed period.
Regards
Satya Prakash
Students
19 July 2013 at 15:59
What are the Liabities of an MVAT Auditor who along with the Trader indulges in Evasion of MVAT Tax (by Certifiying Audit report in Form 704 knowing that there is tax Evasion i.e paying only 1 % instead of 12.5%) and charges Premium Fees for Signing the Bogus MVAT Audit Report
SAMIR SHAH
19 July 2013 at 15:44
can a trust having its regd office in gujarat be registered from mumbai at charity comm. office- dharmada ayukta worli. pls guide or is there a state wise law for registration of trust
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Lease land given in 1972 to sc st community
Dear Sir/Madam,
One property given to a person who belong to SC community and it was given under lease in 1972. The land was mutated in 1992. Now they want to sale it. As it belong to SC community, they need to get the Collector permission to sale it. Please advice me, if the land is legally sell-able or not. Why the collector is telling its under lease? You can't sale it.
Note: Land is more than 40 years under the land owner.
Thanks And Regards,
Jeeban