amitava ghosh (none) 09 January 2014

How should i proceed

A PVT LTD COMPANY, OF WHICH I WAS ONE OF THE DIRECTORS, HAD TAKEN A COMMERCIAL VEHICLE LOAN for 5 vehicles ON NOV 2011.AFTER APPROX AN YEAR IT WAS UNABLE TO PAY THE LOAN. SO THE VEHICLES WERE SURRENDERED AT THAT TIME ON DEC 2012. NOW TODAY I HAVE RECIEVED A LETTER FROM THE BANK, ADRESSING THE COMPANY, THE COBORROWERS ALSO A PVT LTD COMPANY, WITH A COMMON DIRECTOR( NOT ME),AND MYSELF.THEY HAD CLAIMED A CERTAIN AMOUNT WHICH THEY HAD MADE A LOSS OF , AFTER SELLING THE VEHICLES.THE AMOUNT IS TO BE PAID TO THEM WITHIN SEVEN DAYS. I HAD RESIGNED FROM THE COMPANY ON SEPT 2012,THOUGH THESE PEOPLE HAVE NOT FILED MY FORM 32 SINCE THEN ,AND I AM IN A VERY BAD STATE FINANCIALLY, I AM PERPLEXED WHAT TO DO.I DO NOT REMEMBER IF I HAD SIGNED ANYTHING AS A GUARANTOR. PL ADVICE

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Atlas Eva (CEO) 11 January 2014

File a Complaint with Registrar of Companies saying that you had resigned but they have not filed form 32

Also you should have evidence that you had resigned

have you served a resignation letter by email or registered post ?

Atlas Eva Chartered Services LLP

www.atlaseva.co.in

amitava ghosh (none) 12 January 2014

Thank u first of all for attending my query... Yes I had intimated the company and the roc a no of times.. Also after my resignation a new director was inducted... I have copies of all the documents along with receipts sent to the company, roc, and banks in regard to my intimation... Pl let me know what to do

Pooja Hegde R. (Advocate) 03 February 2014

Details are missing and not very clear, still I'd advice you to focus on your resignation papers or communication as evidence and lodge a complaint with the ROC. Keep the original documents(if any) pertaining to your communication about resignation from the company, with you (this could be useful in court proceedings at the evidence stage). I suggest you also hire a lawyer before you get further messed up with paperwork. This has become common in Bangalore. You might also consider filing them for fraud through Police if you think they tried to manipulate your Director status on papers to their benefit only to make you liable for an amount.

Adv. Pooja Hegde R.,

8892562298

Bangalore

amitava ghosh (none) 03 February 2014

DEAR MADAM,

THANK U FOR ATTENDING MY QUERY. I HAD ALREADY DONE THE NECESSARY, AND FILED THE FORM 32 SOMEDAYS BACK. ALSO I HAD BEEN TO THE BANK FOR FURTHER QUERIES. I HAD DEMANDED A COPY OF THE AGREEMENT AND PROVIDED THEM WITH THE COPY OF LETTER SENT TO THEM DURING RESIGNATION AND THE FORM 32. AS PER PRELIMINARY INSPECTION AS PER THE RECORDS I AM HAVING PERSONAL GAURANTEE. I AM HOLDING 15PERCENT SHARES OF THE COMPANY EVEN THOUGH I HAD NOT PAID FOR IT.

PLEASE HELP!

amitava ghosh (none) 03 February 2014

ALSO I WOULD LIKE TO KNOW WHAT SHOULD BE MY STAND NOW ONCE I GET A COPY OF THE AGREEMENT FROM THE BANK!!

Pooja Hegde R. (Advocate) 03 February 2014

If the letter from the bank is a Legal Notice, then you can ask your lawyer to give a fitting reply stating your issues with the concerned companies and the confusion with your Directorship and form 32. If it is a Legal Notice, then DO reply to it through a lawyer. About your financial status, are you insolvent? Or is it just the regular financial ups and downs? I cannot advice without complete inputs.