LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Ashish Khandelwal   28 January 2018 at 22:38

Arbitration

1.One private finance company has put my name in place of guarantor and sending me notice to repay the car loan taken by some un known person.
2. When I came to know, I reply to the advocate of company that I never give any gurantee to the said person.
3. Meanwhile I received a notice from finance company about appointment of an arbitrator I replied that I am not a party as I never give any document or my concern for any loan or guarantee. but just after 5 to 7 days I received a letter from arbitrator that he put hearing of above case at *th feb and ask to appear me in personal or trough counsellor. If I not appear before him he will pass an ex party order.
My questions are
1. Should I appear before arbitrator even I am not a party as I never give any gurantee of above said loan?
2. If arbitrator pass any order against me than how and where can I challenge his order?
3. Can I deny to appear before him?
4. What action can I take against finance company and borrower also?
5. How can I take stay against arbitration procedure?
6. any other remmedy?
7. What I have to do now?

Anonymous   28 January 2018 at 22:29

Loan gurantee

1.One private finance company has put my name in place of guarantor and sending me notice to repay the car loan taken by some un known person.
2. When I came to know, I reply to the advocate of company that I never give any gurantee to the said person.
3. Meanwhile I received a notice from finance company about appointment of an arbitrator I replied that I am not a party as I never give any document or my concern for any loan or guarantee. but just after 5 to 7 days I received a letter from arbitrator that he put hearing of above case at *th feb and ask to appear me in personal or trough counsellor. If I not appear before him he will pass an ex party order.
My questions are
1. Should I appear before arbitrator even I am not a party as I never give any gurantee of above said loan?
2. If arbitrator pass any order against me than how and where can I challenge his order?
3. Can I deny to appear before him?
4. What action can I take against finance company and borrower also?
5. How can I take stay against arbitration procedure?
6. any other remmedy?
7. What I have to do now?

Anonymous   28 January 2018 at 22:26

Arbitration

1.One private finance company has put my name in place of guarantor and sending me notice to repay the car loan taken by some un known person.
2. When I came to know, I reply to the advocate of company that I never give any gurantee to the said person.
3. Meanwhile I received a notice from finance company about appointment of an arbitrator I replied that I am not a party as I never give any document or my concern for any loan or guarantee. but just after 5 to 7 days I received a letter from arbitrator that he put hearing of above case at *th feb and ask to appear me in personal or trough counsellor. If I not appear before him he will pass an ex party order.
My questions are
1. Should I appear before arbitrator even I am not a party as I never give any gurantee of above said loan?
2. If arbitrator pass any order against me than how and where can I challenge his order?
3. Can I deny to appear before him?
4. What action can I take against finance company and borrower also?
5. How can I take stay against arbitration procedure?
6. any other remmedy?
7. What I have to do now?

sunil   31 January 2015 at 17:04

Online sales authorization

Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:

"In order to remove other sellers from your brand, kindly share any of the below mentioned document:

Point 1. In case the brand name is your own private label.

If you have registered your brand under Trade Marks registry, kindly share the TM document. We will check the status of the document and will update you accordingly. If you haven’t registered your brand yet, you have to get in touch with your legal advocate to register your brand logo with the Controller General of Patents Designs and trademarks Govt of India. You have to select the relevant trademark class or TM Class according to the products which the brand will sell.

Link - http://www.ipindia.nic.in/

Once you apply for the registration for the brand logo, you have to provide us the scan copy of the trademark application.

After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.

Point 2. If you are an importer or you source goods through the manufacturer of the brand directly

Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel

Point 3. Exclusive Marketing Letter

Document received directly from the brand itself, stating that you are it's online sales partner.

Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."

My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks

KALAIVANISUBRAMANIAN   20 June 2012 at 13:22

Sale deed in favour of two persons

My Client Purchased a plot from an Real Estate Company around 20 years back. Recently he settled his property in favour of his daughter. When she started fencing that plot settled in her favour, a third person objected the same by telling that he is the real owner to that plot and also showed a registered sale deed in his favour. My client is also having registered sale deed along with all parent documents to that plot in his favour. When my client tried to enquire the same with that real estate owner, he could not find him. My Client verified the same with Encumbrance Certificate and that EC has shown the disputed property is in my Client's name. Now my question is How to find out whether my client is a legal owner or that third person interfearing with my client's enjoyment to that property is a legal owner and what are all the legal remedies available to my client to peaceful enjoyment of that property?

Chandru   18 June 2012 at 16:35

Tax exmeption on hra

I know that if i am staying with my father and giving rent to my father if property belongs to him, i can claim tax exemption on HRA.

I have bought the flat and have cleared loan on that. Now can i gift deed that property to my father and start giving him rent and claim tax exemption under HRA? I am salaried employee.

Ashish Khandelwal   18 June 2012 at 10:20

Education loan

My one client has took an education loan from a nationalised bank on behalf of his fathers government job.

His father was the only earning member in the faimly.
After taking loan his father is expired and bank has recover some loan amount from final sattelement of his father.
Now his mother is getting pension which is not sufficiant to full fill there hous hold expences so he is unable to pay the loan.
for earning livinghood he also discontinue his study and now hi is searching for job.
Is there any way to take waiver from bank?

Saikat Sen   17 June 2012 at 21:30

Death of a managing director of a pvt ltd co.

Dakhineswari cold storage a Pvt ltd co. has been enjoying cash credit limit with our Bank .The MD has expired today.What should be THE change in loan documentation?

Pls. suggest.

Thnks & Rgrds,

Saikat

pooja dedhia   17 June 2012 at 16:26

Non applicability of books

under which schedule the vat is not applicable to the books?

ADVOCTE PARESH R.PAREKH   16 June 2012 at 17:55

Guidence for under section 13(2)of sec.act

i take mortage loan from icici bank for my flat amt.7,50,000 in year 2007.and paying regular emi till may 2011.due to my some serious economical problem i am not able to contd.emi,now i got notice from bank to possesion notice u/s.13(2)of sec.act.against this notice i file indemnity appeal in drt,gujarat and also sent request letter to bank for grant me two months time to pay full amt.but bank officer pressure me for symbolic possession for above mentioned property.now i am confused that what i do?kindly guide me and protect from this matter.-adv.paresh parekh