Aarti
19 April 2016 at 16:06
Can anyone please guide me on how to register for the Delayed Payments act with the MSME? Also, is there any maximum term within which we can raise our case with them??
Urgent query, please guide.
mohd imran
26 February 2016 at 09:13
I have received notice under section 13(2) of Sarfaesi Act, asking me to make the outstanding amount within 60 days of time from the bank.
Notice period of 60 days is expiring on 29th feb 2016. And i am getting the funds on 1st or 2nd of march 2016.
Here i want to know, if i can make the payment two days after the expiry period of notice under section 13(2) or the bank will immediately issue possession notice under section 13(4), the very next day of expiry i.e on 1st of march.
And please let me know will there be any gap period after the 60 days of 13(2) notice, Before issuing notice under sec 13(4).
Dharmendra More
05 February 2016 at 15:32
Dear Experts,
We are a pvt ltd co based in mumbai.We had given contract to a co who does civil works to do Epoxy flooring, wall coating and painting in our factory in the year 2010. We gave some advance to the co before starting the work for the material together with Purchase Order mentioning in the event of dispute the matter will be settled in Mumbai Jurisdiction. The co. completed did the shoddy job in context to Epoxy flooring as the flooring got peeled off within few days due to which our product which we manufactue and started receiving material returned from our customer. Because of this we suffered financial loss. We inform to the co.about this and Co sent their people to inspect and accepted that there was a flaw in the flooring job and assured us that they will redo the job which they did. But again the same problem repeated. Again they redid it again the same thing happened. Because of this we refused to pay them their outstanding money. They went to Micro small and medium council (the civil co is a small medium co)i Thane. While arguing there we informed the Council that it has no jurisdiction as the case is to be filed in mumbai jurisdiction. Irrespective of this, the MSME Council pass an order in civil co favour asking us to pay their outstanding amount together with interest three times than bank rate notified by RBI. Against this, we filed Arbitration Petition in the Bombay High Court. In reply to our petition the said civil co. filed an affidavit in the High Court saying as per Section 19 of MSME developement Act 2006 Bombay High Court has no jurisdiction and Thane District Court has a jurisdiction and 75% of the amount decided by the MSME Council should have been deposited in the Court else the the petition has no meaning.The section 19 of MSME development act 2006 is overriding section 34 of Arbitration Act.
In regard to this, can expert advise me as below :
1. Can Bombay High Court admit our Arbitration Petition on any ground.
2. If High Court admits the petition then do we have to deposit 75% amount of the total amount ordered by MSME Council.
3. Can we challenge in any Court of law in case High Court dismiss the petition.
Regards,
DM
Venkatesh
14 December 2015 at 13:54
Sir,
An exparte decree was passed for a property in the year 1994 against me due to my default in the court. They sold the property to someone in 2011 based on the exparte decree judgement.
Now I have registered will which is in my name registered in 1990. Now I am trying to set aside the exparte decree (judgement) passed in the year 1994. Is it possible or not? Because of 20 years delay.
SKM (User)
05 December 2015 at 18:03
what is the cut off date for time limit to bar for filing a case of arbitration against a company
Arunav
17 November 2015 at 12:40
Dear Sir(s),
There is dispute between landlord and the tenant.
Landlord wants to initiate eviction proceedings.
The problem is there is Arbitration clause referred in the lease agreement.
The tenant is not paying the rent.
Can the landlord approach civil court bypassing the arbitration proceedings.
Arunav
17 November 2015 at 12:38
Dear Sir(s),
Background :
The execution proceeding has been initiated on the basis of consent award passed by the Arbitrator.
Query : The consent award has been passed in favour of the party which is different than party in execution.
Can execution proceedings stands.
If no than under what provisions.
Mohammad
03 November 2015 at 09:56
Sir we are registered with Nsic under the Msmed act 2006 under the category Government registered Contractor doing All kind of Civil Works are we eligible to get Earnest money exemption , tender fees ect exemption in Pwd Civil works as per the msmed act 2006
Dinesh
05 July 2015 at 16:35
Where should I appeal when a petitioner filled for the execution of arbitration award? should i filled the appeal in the same court i.e district court
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Insolvency and bankruptcy code
We have supplied our products to few companies in India but they failed to pay our outstanding even after case filed under delayed payment Act under MSMED Act 2006 and Arbitrator appointed by the faciliation council have also decided the case in our favour.
Now we seek justice under the Insolvency and Bankruptcy Code Law and in other company law.
Pl suggest the remedies and expert advocate for this purpose