Goapl Garg
30 July 2018 at 08:17
A Residential Flat Owned by me ( an Individual ) is Mortgaged as a Third Party Mortgagor (the liability being defined Only Up-to the Value of the Mortgaged Flat in sanction letter ) towards Credit Facilities obtained by a Pvt Ltd Company whose account is NPA and have been referred under IBC. Myself is neither promoter, nor Director or shareholder in the borrowing company. The Promoter Director and sole shareholder of the borrowing company has expired and the borrowing company is deserted as his heirs are keeping away from the company to avoid any liability.There is no one who can be even contacted at borrowing company.The company has no tangible assets except two properties under mortagage owned by promoter and three properties(including mine) under mortgage as third party mortgage.The Bank is even not supplying any information about the latest valuation of my flat even if I may courage for discharge by payment.
Query:-
01. Whether the appointed RP shall have right over such TPG mortgaged Flat and can liquidate it while resolving the account.
02. Whether the RP shall give opportunity to me /first right to redeem the Mortgage by making out Value of the Flat.
SUNIL SINGLA
07 July 2018 at 14:21
I HAD AN QUERY REGARDING MERGER OF TWO PRIVATE LIMITED COMPANIES
IN MY CASE THE NCLT DELHI HAS PASSED ORDER OF FIRST MOTION ON 23.05.2018 WHEREIN ALL THE MEETINGS HAVE BEEN DISPENSED.
I KEPT WAITING FOR THE FIRST COPY OF THE ORDER BUT IT NEVER REACHED TO ME TILL DATE
NOW ON 06.07.2018, I GOT CERTIFIED TRUE COPY OF THE ORDER BY MAKING DUE FEE
NOW I HAVE BEEN TOLD THAT I AM LATE IN FILLING THE PAPERS OF SECOND MOTION FOR APPROVAL OF THE SCHEME OF AMALGAMATION, WHICH I WAS TO FILE IN 7 DAYS FROM THE ORDER.
PLEASE ADVISE DO I NEED TO MOVE AN APPLICATION FOR CONDONATION OF DELAY OR NOT
SECONDLY MY DELAY IS IN GETTING THE CERTIFIED TRUE COPY OF THE ORDER
OR
I AM DELAY IN SUBMITTING THE SECOND MOTION PAPERS BEFORE NCLT
IF I NEED TO FILE APPLICATION OF DELAY THEN PLEASE GIVE ME DRAFT OF CONDONATION OF DELAY APPLICATION
REGARDS
SUNIL SINGLA
Viren
06 July 2018 at 16:24
Hi
In the appointment letter following is the exit clause
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
one of my old colleague left the organization giving 10 days notice as he had to join by 15th july , but when HR forced him to serve one month compulsorily , he left in 3 days and asked to adjust the notice pay of rest period from his salary as per appointment letter .
HR Threatened him to serve one month compulsorily and Write mail to him as follows :
," thus it is further instructed to resume your duties from tomorrow or else organization is liable to take legal action against you, which include filing a police case against you.
the said employer have very unfair practice toward employees , most of the cases it do not make full and final settlement honestly and deducted most of the amount showing one or other reason and pay just penny. So it is understood that employee like to serve least period after resignation.
can you please suggest legal remedy in this case.
Bharat Kapoor
03 July 2018 at 22:16
Our company is listed on BSE and NSE. Members of the Company have approved the Special Resolution by postal ballot. Subsequently the company has applied to BSE & NSE for In-principal approval in compliance with Regulation 45 of SEBI LODR. The company has not obtained In-principal approval till now and name reservation is about to expire. Query is that Can company file INC-24 with ROC before obtaining In-principal approval ? If we file INC-24 without obtaining In-principal approval, is there any implementation ?
Srikanth
25 June 2018 at 15:52
Our full and final settlement has not yet been made by the company. It's the habitual practice of that company. whoever demands strongly for the full and final settlement, they will threaten by sending legal notices. Further, the company will not support and fails the employee verification process for such employee.
Last time few employees have been tried to file a police complaint for the delay in salary for the period of almost 3 months. Then they've been terminated immediately and notices were sent to them as the company name and fame have been spoiled and demanded to pay 25 Lakhs to the company as compensation.
It's been more than a year. All employees are feared of getting involved in unnecessary disputes with the company. We all held non-managerial positions.
1. Please let us know whether it is possible to file Winding-Up petition for recovery of salaries under the Companies Act 2013?
2. If yes where to file High Court or National Company Law Tribunal?
3. How long will it take in Winding Up petition?
4. Please mention if there are any alternative processes for effective/speedy results such
(a) Labour complaint
(b) Writ Petition
(d) Criminal Complaint
(b) Civil / Summary Suits etc.
Company Details:
Type: Private Limited Company
Registered at Andhra Pradesh
Working Office at Bangalore
Business Type: IT - Software Desing & Development
Directors: 3 (No.s) All belongs to the same family
LAWYER ASSOCIATES
28 November 2017 at 20:36
One company have three directors and same are shareholders. Two directors of one group have 65% shares and one director have 35% shares. One director with 35% shares of the company did not attend board meetings and was working against the company, so other directors want to remove him in EGM u/s 169. So We have sent notice of EGM to the removing director via courier and by hand also. Removing director did not receive notice by notice server and refuse to receive it. We also send the notice by courier also to the Removing Director. Courier did not come back to us undelivered till yet. We file DIR 12 but that DIR 12 not register by ROC as he says that this is case of quarrel between directors, so both parties should go to court. Now removing director taking the plea that He has not receive any notice of meeting hence meeting is invalid. Other two directors have the majority with 65% shares. What is your opinion?
oracle24
12 November 2017 at 08:27
Hi,
I had formed a pvt ltd co. with another person and we were 50-50% shareholders and we were the only 2 directors. Now he has taken full time employment with another company and is not cooperating to run the company. He has asked me to stop operations of the company. However, I want to continue with the firm. Do i have any recourse by which I can continue the company.
Saikuwmar
11 November 2017 at 17:48
what is the procedure to start a public limited company with limited members of 2500 and collecting investments of small amount 200-1000 as recurring deposits from the group members and investing the the collected amount in different sectors. and and giving the profits after the time completed or as of the investor need.
I am startup and i don't have any securities with me and how to move forward to start this type of company.
Thanks in Advance
Saikuwmar-Andhrapradesh
8125535255
Mihirlal Roy
08 November 2017 at 11:28
in view of the judgement in Madraj High Court how any bar council enrol a retired employee obtained law degree during employment
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Divorce case pending - triple talaq bill
Hello experts,
I have filed for divorce from my wife 3 months ago. We got married as per Sunni muslim. We don't have children. Our hearing is next month. I want to know whether my wife can now go to police and file a false report saying I told her triple talaq or whether her complaint will not be accepted as I already initiated the divorce proceedings from my side. Please suggest as my mother is alone and I can't afford to go to jail.