Sunil Chaudhary
22 August 2017 at 19:49
Dear All Experts I need your help & Guidance regarding a Query
I was Ex-Director of a Pt. Ltd Company and during ongoing operations of the Company we 4 Directors were taking care of running the Business on behalf of promoters who were based in London. We 4 Directors were on Wages to take care of operations of the business and our salary is due for the last 1 year and so for employees, payments to suppliers, dues for tax departments etc.,
Since last year there were disputes among promoters and the financial aid to the company was stopped and company started struggling for the business due to non-availability of funds . Due to pressure of Suppliers and to somehow keep on business running we have issued Cheques to "Operational Creditors" as PDC's to repay their payment but we cudn't repay due to non-availability of funds / non-support from promoters based out at london. One fine day the employees did strike at our company and forcefully closed the operation and we 4 directors have to face consequences and police case against us.
Meanwhile one of the Operation creditor / supplier filed I&B 2016 at NCLT Ahmadabad against our Company in April 2017. "Operational Creditor" had made petition under NCLT Ahmadabad against our Company for Insolvency & Bankruptcy for which we received the Order Copy on 10th April, 2017 from NCLT. The IRP - Interim Resolution Professional was appointed and the public notice was issued in newspapers for all the operational & Financial creditors to submit their claims on or before 3rd May, 2017.
Suddenly, as the Liquidation process is on for the Company and the IRP is involved in valuating the assets of our company and recovering due payments form our clients, few of the Operational creditors have started filing 138 for Cheque bounces against us through Negotiable Instrument Act in individual names of Directors or against the one who signed the cheques (minimum 2 Signatories). I personally have 9 cases as of now of 138 against me within a span of 1 month time now...
Request you to kindly help me to overcome the situation because i do not have individual capacity to pay for the cheques which are bounced as i myself have not received my own Salary for the last 13 months of my job. .
We did not had other options but to accept the order from NCLT becuase non of the directors had capacity to pay. The order depicts "MORATORIUM" Period until the IRP comes with final resolution in our case or until 180 days. But this 138 cases against us are harassment to us.and we are unable to understand why Operationa Creditors are doing so, becuase on one hand they have raised their claim and on the other hand they are doing 138 cases against us. What would happen once they get their payment after liquidation of our company, do they want dual payments i.e. one from Liquidation process and other from us ??
We are completely in soop because we are dealing with such 138 cases individually and this seems unstoppable with such increasing numbers. Is there any way out to deal such dual consequences. Can we apply "Moratorium" against 138 cases in NCLT or can file petition in NCLT for the negotiable instrument act or any other way out to deal such situation.
Kindly guide and suggest remedy please !!
Laksh priya
22 August 2017 at 19:30
what is the term rs mean in divorce matters. recently one of my relatives applied for divorce. the divorce by way of cruelty. both petitioner and defendant was enquired by court separately both of them expressed there they were not willing to live together. The lord said that the order to be passed and mentioned a date. The date is over there has been no order from court and the lawyer of petitioner(man) says that an order will be passed once in 15 days. is it so? Is order is not passed what are the reasons for not being passed ? can experts say the reasons for which the order takes time to pass or is there any reason for not being passed?.
Mushtaq
22 August 2017 at 18:31
Sir
Myself Mustaq working in a resort as manager. Now my resort buy new owner from old owner. The new owner dont like me coz I muslim.He abuse me and tell me to do haram things that r forbade in Islam.
The old owner request him not to sack me as i old loyal employee so new owner dont like me and want throw me out.
I fed up but no job what to do .New owner political guy everybody scare of him.
Plz advice wht to do.
Regds
Mushtaq
CP Renjith
22 August 2017 at 18:20
We are from Kerala. My daughter has married a Keralite living in Goa. The marriage took place in Trivandrum Kerala and we are settled there as well. Her marriage was registered in Trivandrum. Their marriage was registered in Goa also . We are Hindus.They were married for 6 years plus. No children. She has now separated from her husband since the last 3 months and her husband has agreed for divorce on mutual consent. According to my understanding, we can file for divorce only after one year of separation(even when divorce is by mutual consent). But her husband's family is insisting on filing the divorce in Goa right now as according to them it is a requirement as per the Goan Laws because the marriage has been registered in Goa. There are also some joint properties in hers and her husband's name ( which was acquired by the husband's family after their marriage) which we are ready to forego and assign the properties back to her husband.
My questions are the following?
Is it possible to file for divorce in Goa before the one year cooling period?Is filing for divorce in Goa a requirement according to the Goan govt laws because the marriage has been registered in Goa also?
Can she file a divorce petition in Trivandrum after the cooling period and will the judgement from the Trivandrum court suffice for annuling the marriage as per the Goan Govt registration?
If filing for divorce in Goa is not a requirement, then we would like to do that in Trivandrum. But we would like to aasign the joint properties back to them. Can she do this in a legal way without jeopardising her divorce case( meaning she should not find herself in the wrong end without any hold on them when her divorce case comes up for hearing. Her husband should not turn around and refuse the divorce or create any kind of problems for the divorce)
Cherumanalil PR
Rinku BARDHAN
22 August 2017 at 17:23
I live in north 24 pgns & PS-nimta. Where I can file 125 maintenance case- barrackpore court? Can I file it in sealdah court?
Anonymous
22 August 2017 at 17:04
My mother has sold a property and bought a new property in our Joint Names.
I also sold another property and invested in the new property. We paid the amount for the New Property Purchased from our Joint Savings Account.
We bought the New Property say for 70 Lacs. My Mother Claimed her share of Rs 50 Lacs as New Asset in her ITR and Balance Rs 20 Lacs I have Claimed for exemption under Capital Gain on property sold by me.
My Querry is wether I will be allowed to claim capital Gains exemption for my share although we have paid the amount for the New property for a Joint Savings Account.
MADHAVAN
22 August 2017 at 16:50
Sir, My Maternal uncle (my mother's sister husband) passed away recently. His wife passed way five years before and he had no issues. He was bed-ridden and I taken care all his needs for the past 5 years. He had nominated me for some of his bank FDs and I had claimed the FD amount from bank. He had a property worth 2 crores and his brother is trying to get succession certificate for claiming the property. His brother is already worth 20 crores of property and well settled. Even though, He is threatening me that he will send legal notice claiming the FD amount. Can I defend the case ? If he sends legal notice, how long it will take to get judgement from court ?
Arif
22 August 2017 at 16:34
Hello sir, we have property under the title of my grand grand father, he had 4 son my grand father &
Others (all already dead), their legal heirs are about to divide the property but one lady has objections over it. She says her husband's grandmother (nani) also has share, although NANI had gone to pakistan at the time of partition. We have registry under the name of my grand grand father, LADY gone to pakistan and brought some papers of 1925, WE ALSO HAVE PAPERS OF 1925 where no such things are mentioned. Infact my all grand fathers gave share of their sister and got registered NOC.
Kindly suggest if lady has legal share of her grand grand mother in law(NANI SAAS)?
kRISHAN LAL
22 August 2017 at 13:49
I filed a case for deficiency in service (builder BPTP charged PLC for unit being park facing but has not developed park, compensation for delayed possession, charges for electric sub station, STP etc), before the. District Consumer Redressal Forum Faridabad in May 2015. Now on ,16th Aug 2017, Forum returned the case citing pecuniary jurisdiction relying on Ambrish Kumar Shukla & others vs Ferrous Infracture judgement by Nation Tribunal.
Sir, my query is whether I can file the case in the Delhi State Tribunal as the Company registered office is in Connaught place, Delhi or I have to file the at Chandigarh. (Earlier I filed the case in Consumer forum taking the ground that property is located in Faridabad and the Builder is having site office at Faridabad).
Thanks
Krishan lal
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Ipc 217
In Gujarat a ' District level Grievances readdress and task force committee' formed by state government to curb illegal mining activities.Most class 1 officer of various department are members. They all have duty to help stopping illegal mining activity. In july last week RTO officer caught more than 25 sand trucks. It is his duty to inform this to district geology department where 40 to 50 thousand rupees penalty may be imposed to every truck. RTO didn't do his duty and not informed district geology department.Instead he imposed only overload penalty and release trucks.All this matter on record. RTO knowingly save truck owners from heavy penalty and thus made huge loss to govt. No one bothers. I made a complain under ipc 217. About 15 days passed police hasn't registered FIR . Police guide me to file RTI to RTO and collect more info. What should i do ???
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