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Anonymous   22 August 2017 at 02:06

Insolvency & bankruptcy and negotiable instrument act 138

Dear All Experts
I need your help & Guidance regarding a Query

During on going opeations of the Company we 4 Directors 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 and one of the creditor filed I&B 2016 at NCLT against us.

"Operational Creditor" had made petition under NCLT Ahmedabad against our Company for Insolvency & Bankruptcy for which we received the acceptance or 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.

Meanwhile 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 of 138 against me within a span of 1 month time now... requst you to kindly help me to overcome the situation because i o not have individual capacity to pay for the cheques which are bounced and this seems to be manipulated game against me or the past 4 directors by such operational Creditors and financial creditors are also harrasing us and threatening us now for legal proceedings.

We have agreed I&B by one Operational creditor as we 4 directors were employees and promotors didnt helped us at crucial / bad times and we accepted the NCLT order. and the order depicts "MORATORIUM" Period until the IRP comes with final resolution in our case or until 180 days. We are completely in soop because we are dealing with such 138 cases individually and this seems unstoppable with such increasing numbers.

All operation creditors have raised their claim to the IRP appointed and they are also doing 138 cases against us which is total harassment and what they want to prove by doing this that they want their claims two times / dual claim with such 138 cases against us and through liquidaton process... this seems a conspiracy to us . 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. as to what i have read and suggested , we are not getting any clear and convincing reply from anyone around us... in my opinion there should be a way to relief the directors against such acts . Please help me ... your guidance and suggestions are most urgent & Important to us.. please guide

Sunil Chaudhary
+91 91159 38685

Rahul deewan   21 August 2017 at 09:28

Partnership firm.

Hi, My question is regarding partnership firm. My uncle grandmother and mother started a partnership firm..land is registered in the name of uncle and grandmother..my mother started a partnership firm by mortgaging land of two..1/3 money was invested by my mother as it was a term loan..my questions are.. 1.what to do if the legal heirs of deceased grandmother and deceased uncle dont want to pay loan 2.did my mother share in land exist as the land and building are being shown in book of accounts regularly 3.the land mortgaged in bank is land of two owners or land of partnership firm.. Thank you

Anonymous   21 August 2017 at 09:24

Partnership firm

Hi, My question is regarding partnership firm. My uncle grandmother and mother started a partnership firm..land is registered in the name of uncle and grandmother..my mother started a partnership firm by mortgaging land of two..1/3 money was invested by my mother as it was a term loan..my questions are.. 1.what to do if the legal heirs of deceased grandmother and deceased uncle dont want to pay loan 2.did my mother share in land exist as the land and building are being shown in book of accounts regularly 3.the land mortgaged in bank is land of two owners or land of partnership firm.. Thank you

Anila Nair   19 August 2017 at 20:10

Compassionate appointment in indian oil corporation

This query is made on behalf of my cousin who lost her father, an employee of Indian Oil Corporation, about a year ago. Her father's death was quite abrupt, leaving behind a family of wife, mentally challenged son and the daughter (ie my cousin). During the time of his death, her father was working in Ernakulam (Kerala) branch. Upon his death , the family was offered the option of compensation money or compensation appointment. Keeping in mind the family's current situation and her brother's condition, she chose the latter. However, even after several rounds of interviews, the officers seem to be reluctant to give her the promised appointment, instead vaguely strong arming her to accept the money. Presently, she is being somewhat being intimidated that her posting will be out of the state, away from her family. This has left her in predicament in the view of her family situation.

Is there anything to be done for this? Who can we approach for the resolution? Please guide me.

Krishna   19 August 2017 at 02:07

Bonus

Hi

I resigned through company email when I was on vacation.However company did not accept my resignation and denied providing me relieving letter,experience certificate etc.
They also did not give my Diwali bonus.
So what legal actions can I take against the company

Abdur Razique   19 August 2017 at 00:24

Money Circulation

Hi I am a software developer currently working in US.
I am planning to start a unique business in my home country India.
I only wanted to know, suppose if all of my clients are happy and no one raise any complain for lifetime, and if I also pay a GST legally then can I run a Money Circulation Business (Might be known as mlm business without any product) legally in India.? And the important thing if the joining fee is as low as Rs 50.

In future I will also add
1. An e-commerce marketplace where all types of product will be available as on eBay now.
2. P2P money lending according to RBI guidelines

Please let me know the procedure...
Regards

BHAWNA   18 August 2017 at 17:18

Minimum 2 directors

if Company files resignation of one director out of two and the appointing another director few months later, then As per the Law it is violating Section 149 of Companies Act, 2013. Any way to safe the Company for that months?

Anonymous   17 August 2017 at 20:31

Loan

Is it possible to avail two cash credit loan from two different banks? ( Especially for CGTMSE scheme)

BHAWNA   17 August 2017 at 12:21

Minimum 2 directors in a private limited company

What will happen if only one director is running the Company when other passed away without any intimation?
I want to know the compliance that what need to be done to safe the company from violation of Companies Act?

Anonymous   17 August 2017 at 12:07

Default of payment

Dear All,

Im a CS working with a reputed company, recently one of our transporter has issued a legal notice to us claiming the due of Rs. 8, 29, 000/- where as the due in our system is showing Rs. 6 lacs which he agreed on the phone & we paid him the same. meanwhile he picked 1 cargo from our factory which is to loaded @ Nhava Shewa now he has consficated the cargo & asking for the difference amount or esle he will not release the cargo. He has taken the 6 lacs payment & now asking for the rest of the payment for releasing the cargo. he has issued the notice through lawyer.

Kindly suggest what remedies we can have to release the material immediately.