22 October 2019 at 20:20

Apartment act - association matters

The executive body of the association has failed to get the accounts audited and has not been cooperating with the auditor for completing the audit of accounts. They have withheld receipt books and some vouchers without which the audit can not be done,. In spite of repeated reminders, they are not coming forwarded to provide the same.

What action can a genera members of an apartments association can initiate against the executive body.
Need an expert opinion about the remedies available and procedure to be followed.

22 October 2019 at 19:27

Dematerilisation of shares

Sir, I hold shares in physical form of Chambal Fertilizers and Chemicals ltd. I have sent the certificates a number of times through my depositor i.e. SBICAP Security ltd, but each time returned with remarks Signature Differs. The certificates are being returned by SBICAP, without even sending to the RTA. The share certificate are defaced with their stamp and have refused to cancel it or issue me the NOC. My hard earned money is blocked and losing on dividends also. Please suggest me the recourse available. Regards, M.K., Chaudhary

22 October 2019 at 19:12

Anti Defection Law

In G. Vishwanathan v. Speaker, Tamil Nadu Legislative Assembly (1996), the SC clarified that: If a member is expelled from his party, he is treated as unattached member in the house but he continues to be a member of the old party as per the Tenth Schedule. If he joins a new party after being expelled, he can be said to have voluntarily given up membership of his old party. My question is: If he doesn't join a new party and stays as an unattached member of the old party, can he vote or abstain from voting, contrary to his old party and still avoid disqualification?

Hi Expert,

Please advise us as my wife requested for transfer based on spouse ground in SBI.
Its being one year now but still no action taken for her request. We have 2 year child and its really difficult to manage
such professional life.
I am working in private sector IT company. As we meet all major senior members and union members but no positive output from them.
Is there any legal action we can take based on GR F.No.4/9/1/2014-IR. Please advice how can we take legal action against violating such law.


22 October 2019 at 16:12


can any one else reply on behalf of third party pertaining to RTI query

I am a retired officer of a Nationalized bank. I was given Compulsory Retirement during September 2016. Despite my several requests the bank delayed in settling my Retirement dues. Due to this, the loans availed by me has become NPA from January 2017. The Bank issued a SARFAESI notice u/s 13(2) during January 2018 but did not proceed further.
The bank settled my PF and Gratuity during April 2018. This amount was fully utilized towards my loan liabilities like Car Loan, Personal Loan, Computer loan and the balance amount towards Housing loan, thereby regularizing it.
The Bank did not settle my Pension and Leave Encashment. The housing loan again became NPA during August 2018 and the bank issued SARFAESI notice u/s 13(2) but stopped further actions . I had written to the bank that once these retirement dues are released I will arrange to close the loan by disposing off the property. I had also informed the bank that as I do not have any independent source of income I am unable to pay monthly instalments.
On 31st July 2019 the bank once again issued one more SARFAESI notice u/s 13(2). Meanwhile, I received a letter from Pension department on 21st August 2019 stating that I am eligible for payment of Compulsory Retirement pension. The copy of this letter was also sent to the Regional office of the bank with an intention that further proceedings under SARFAESI will be stalled. I am due to receive terminal benefits of about 13 lakhs and the housing loan o/s balance is about 19 lakhs..
The Bank instead of waiting for release of Leave encashment, Pension, Arrears and commutation, went ahead with SARFAESI action and issued Possession notice under Sec 13(4) of the Act. This notice was published in Times of India and a local news paper having wide circulation on 14th October 2019.
I feel that the Bank has with malicious intentions tarnished my image and integrity before the public at large. My reputation has suffered harm. Please advise can I file a defamation case against the Bank and claim damages.


22 October 2019 at 13:07

Ni act

I want to study a decided matter of 138 NI Act and need a case number so that i can apply for a certified copy of a decided matter in Patiala House court....how can i get a case number?


I am a respondent and win an arbitration interim award in commercial dispute, but here my doubt petitioner as claimants till date taking liberty as not deposit money as per interim arbitration order and contempt of procedural order from Jan-2019 to April-2019 (till date), fail to file under sec 34 to challenge of interim order passed and taken 90 days shelter for delay in proceedings, fail to file original documents for inspection, not able to file affidavit f evidence, there are multiple advocates replaced and trying to divert of preceding, The dramatic situation and request created for settlement process, which was not comes out any concrete solution, now trying to delayed in cross examine, the reason for not available or able to booked venue, the claimants and his advocate intentionally delayed the arbitration proceeding by taking shelters of various adjournments and diverting our minds set, Ultimately claimants were failed to participate in preceding every time. Now I doubt as if my lawyer is also a part of this along with arbitrator or alone any one of them, can I ask directly to sole arbitrator for this or I have only power to through my lawyer only, if arbitrator is giving liberty to claimant what is the solution for respondent


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