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sonavnayak   18 June 2018 at 15:23

Franchisee fees given to a pvt ltd company is deposit u/s

Franchisee fees given to a PVT LTD COMPANY registered with ROC-MCA can be treated as deposit to a company and under which companies act?
Fees paid as non-refundable franchisee fees for supply of GOODS AND SERVICES. AFTER PAYING OF FEES AND COMPANY FAILS TO SUPPLY GOOD AND SERVICES AS AGREED within 21-days and business not commence.
Can FRANCHISEE fees be treated as advance deposit paid to co. for supply of goods and services under which company act.
And at the last franchisee busniess doesn't commence even after 9-month also due to company fails to suply goods and servies as agrred upon.
If not refunded by company than what action can be taken under which law ot what other action can be taken under companies law



Abhay Kumar Sethia   14 June 2018 at 18:58

Ipr had been appointed

Dear Sir/Madam,

I have received One email from my client that IPR had been appointed by proper authority and I was Requested to fill the attached from (SCHEDULE

FORM B

PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
(Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
)
Therefore please guide me at your best that who should I deal with same with the complete procedure.

Parwez Saifi   14 June 2018 at 06:18

Employer is not Paying

Hello Everyone,

Greetings!

Actually i have joined a company in jan 2018, When i got selected i have asked for offer letter or joining letter but he just sent the confirmation mail just by saying we'll provide u later, I had a doubt on company that's why i have regularly asked for documents but they delayed, when i was working they don't have any fixed timings, different rules for payments or salaries, & even they don't pay salary on time, so nothing was good their. & When i asked for support in ramazan that i need to go for iftaar they directly refused. I have told them it'll be difficult for me to work in this condition. They told me to that they're terminating so i have agreed. I have asked for documents they refused, then i told them to send termination mail, but they told me they'll do it later. I had wait for 2 days but they didn't send any mail so i have mail the termination discussion details to my boss in which every conditions are mentioned like salary, documents, time duration. but they didn't respond on mail then i left the company & joined somewhere else. Now its almost 45 days i have continuously calling & mailing but they are not responding even they have blocked me from WhatsApp. Because of shortage of time i wasn't able to visit office.

As the time for eid is coming i have sent a message in flock (Basically an app for corporate like WhatsApp) which has been installed from the working days.
Now they are saying i have hacked & they will file against me & also refused for salary.

Please suggest something good that i can compensate my salary without delay.

Regards
Parwez Saifi
9871044680

somesh   08 June 2018 at 13:02

Client not releasing old outstanding

Dear Sir,

I have some outstanding dues with my client since 5 years now and he is not releasing the same. i have obtained post dated cheques 5 years back which was returned thrice due to insufficient funds. Somehow he managed to pass 5 years requesting me not to take any legal actions as he will pay the amount very soon and i trusted him.

i filed an FIR with police station near my office with the help of court 3 years back, police called him at police station but didn't took any action (may be he might have bribed them) instead they asked us to go to court as it is a civil case . Now i cannot file 138 against him as dates of the cheques is passed, secondly i am bankrupt so do not have enough funds to fight against him. he is a billionaire so he can chuck me out where ever i go against him.

what should i do please reply.

thanks in advance

Mandar   05 June 2018 at 15:22

Need of witness signature on partnership deed

Dear Sir/ Madam,

Please advice on the small query -

Since I need to apply for Partnership PAN, i need to upload partnership deed, but this partnership deed doesn't have witness signatures.

Please advice do witness signature is important in partnership deed and will it be accepted by PAN authority if witness signature is not available on partnership deed.

Thank you.

With Regards,
Mandar

Anonymous   04 June 2018 at 09:47

Declaration by company

Can a company give declaration their own or authorised a person for giving declaration on their behalf.

Ex. I/we XYZ ltd declare that
OR
I ABC authorised signatory on behalf of the Company Declare that

Shaanti Naik   01 June 2018 at 18:02

Dont know whether to talk or not

Dear Advocates and Legal Experts:

I have filed a case for recovery of my insurance money through consumer court and I am fighting it without advocate myself only.

Matter is the insurance company which had to give money for my treatment where I was hurt badly in my leg has cleared only 50 percent of hospital bills. The hospital on the other hand has taken the money from my hand in advance and I am out of the hospital now. Now I have only bills in my hand. The insurance company has given a DD for Rs. 60000/= in name of hospital which is 50% of what they promised. The hospital has realised the DD and given me the same 60000 through their hospital cheque. Now as the insurance company did not pay rest of the amount till date I have filed consumer court case.

The judge does not allow me to talk to the opposite party vakil. He always tells you cannot talk to the opposite party vakil even when I wanted to give copy of additional bills I asked that person to wait in court he ran away hurriedly and next date he did not come and some other vakil came and told copy not given. I went to give copy. Judge told you talk here. You don’t talk there.

He telling if I allow you to talk I will talk till night. As if he has seen me talking and as if I am very talkative person.

I am putting this question here because I feel the judge is biased he never lets me talk, he always talks as if he is appointed by the opposite party. The opposite party vakil never opened his mouth even once from 1st date till today. All the talking the judge only does. He always negative affirms anything which I say. I feel he is doing job on behalf of the opposite party advocate.

My case is posted for arguments and till date the opposite vakil has not filed any arguments. I think after the opposite party vakil files written arguments next date will be for oral arguments.

Here I want to know following things: if the opposite party vakil does not file written arguments in next date, can I ask the judge to pass orders?
The judge wont allow me to talk. He will always say don’t talk. He wont let me explain anything at all. So what I did is whatever I could not explain orally I wrote down on paper and gave in writing as written arguments that was 200 pages. Nothing I wrote is out of context. I have explained in detail how the insurance company played with my feelings.
I feel the judge is corrupt. He is simply giving dates and is acting as if he is the representative of opposite party. I want to tell this to him. Shall I tell him that SIR YOU ARE ACTING AS IF YOU ARE THE OPPOSITE PARTY VAKIL. IF I tell like this what will happen?

Can the judge pass contempt proceedings even if it is consumer court? Whom to complain and what to do in this case please tell.

Bhaven   01 June 2018 at 10:48

Part ix conversion of firm to private limited company

How can I find out whether a particular company was converted under Part IX of the Companies Act, 1956? I am aware of the procedure to be followed by an enetity for conversion but could someone help with a memo or circular as to what procedure was the ROC supposed to follow for converting partnership firms into a private limited company under Part IX? Eg: I learn that a stamp stating "Converted under Part IX" would be there on the incorporation certificate. But where is this written?

Simple saroha   30 May 2018 at 02:48

Terms of employment changed without my consent

I started with this US based company based in Gurgaon on 1st March, 2016 on condition that I will work from home for 7 pm-10:30pm IST and later half till 4 am IST from office.
I just got email today from HR that company no longer allows work from home and that I need to work from office on all days without even discussing with me.
I am 44 year old women and cant take stress to work from office for that long.
Before joining this company, I was working full time from home fror 10+ years and I joined this company only on this condition. I have written agreement for given agreed timings from VP HR(he has resignd now).
I just spoke with current HR head of this company and he told that person who has signed agreemnt with you(VP HR, that time) is no more with us hence that agreement stand invalid.
Few days earlier, I had a disagreement with owner of the company and he asked me to resign but I asked him to terminate me if required. It all happend because I asked for the salary hike which was promised after an year but not given till date. I stopped coming to office for 2 days and then HR Head asked to to come and join and start work as usual. I also have email on same.

Please advise how should I proceed?

Anonymous   28 May 2018 at 17:27

Threatened by hr for black listing in nasscom

Dear Experts,

I got an offer letter from say company XXX in last month, that i accepted offer letter over the mail, i didn't sign on any document. after a month i decided to not joining a company and i send a apology letter to them for not joining. even though i didn't join organisation or abscond company XXX , HR revert me back and threatened for black listing in NASSCOM and AMCHAM organisation despite many polite request.he continue to threatened me. i would like know is is possible according to corporate law of India.
I am seeking help for knowing possible consequences on me if it is possible.