Hemant Joshi
07 May 2009 at 14:26
One party had filed 10 cases u/s 138 of N. I. Act at Chhatisgarh for return of cheques against the directors and officers of a public limited company of Ahmedabad. Due to dim chances of revival, the co. was ordered to be wound up in yr.2003. Out of 10 cases, 9 cases were settled by making the payment of principal amount by the ex-directors and the party withdrew all 9 cases in yr.2004. The complainant intentionally did not accept the payment of the last 10th case and has not settled in last 5 years, in spite of the willingness to pay the last amount of principal amount.
Now in yr.2009,the ex-directors of company has got sanctioned by the high court of Gujarat, a scheme of revival and restructuring of the said co u/s 391-394 of the co.’s act. Under the scheme, all the creditors would be paid 25% of principal amount in two installments. The said terms of the scheme were approved by the creditors present in person or proxy (that creditor was not present in person or proxy) in their meeting unanimously with 100% voting in favour. The scheme also stipulates that all the cases against the co. and / or directors-officers of the co. would be withdrawn after getting the amount as per the scheme and if any amount paid after the cut-off date can be also deducted from the payable amount. The payments of those 9 cases were made after cut-off date.
In light of the above facts (1) can the co. appeal to the court at Chhatisgarh and to the complainant to accept the last amount of settlement and withdraw the last case also without demanding interest, penalty and punishment? (as the complainant intends to resort to arm twisting for more payment) (2) The directors can say to the court that as per the scheme enough was paid and can claim an excess amount paid to the said creditor, as the sanctioned scheme stipulates lesser payment?
Please reply and oblige.
kaushikphm
07 May 2009 at 14:22
Dear Sir,
I registered a settlement deed to my wife last month. There are two entries for the land extent in the pages 2 and 5.
In the page 2 ( 1900 Sq. feet) and in the page 5 ( 1400 Sq. feet ) were typed.
Actual land extent is 1900 Sq. feet.
Please advice will it be possible to correct the extent by rectification deed.
yogesh
07 May 2009 at 12:57
against long term capital gain on sale of house i have to reinvest in purchase of new house.i would like to know which of the items can be said to comprise cost of purchase of a new house.- stamp duty paid, society life time maintanance deposit, electric connection charges, legal charges.
anish
07 May 2009 at 11:42
my mother expired 3 years back leaving behind a will. will is registered. since her property was not in metro city they were transfered in name of legatee on the basis of registered will. my elder brother was left out of will due to his bad conduct with mother. he now plans to create nuisance by legal threats. in the end i can prove genuineness of will but durind interim period what is the status of property already transfered as per her will. it will be in possesion of transferee? can i go to local court in nagpur to get a probate now so that in future no one can challenge will.
Pradeep Kr
06 May 2009 at 18:19
We have a flat in Delhi jointly owned by me and my father. Now my father wants to gift his share on my name. Please let me know what is the process for the same and how stamp duty will be calculated if required on this gift deed.
Is there any legal conplication involved in future if I opt gift for this transfer.
naresh.r
06 May 2009 at 17:57
Dear all,
I would like to change my firm from one place to another place then can i change my address in partnership deed ?
Actually what is the procedure for changing the fim fron one place to another?
naresh.r
06 May 2009 at 17:55
Dear all,
I would like to change my firm from one place to another place then can i change my address in partnership deed ?
Actually what is the procedure for changing the fim fron one place to another?
PRAKASHCHANDRA MARU
06 May 2009 at 17:41
HELLO ALL LEARNED EXPERTS.
IN THE RATION CARD THE NAME IS INSERTED IN THE BEHIND OF SON HIS MOTHER'S NAME INSTEAD OF HIS FATHER ACTUALLY LADY GOT THE DIVORCE SO NAME REMOVED OF THE MALE PERSON FROM THE RATION CARD NOW IS ANY LAW THERE THAT BEHIND THE NAME OF THE SON WE CAN PUT THE NAME OF HIS MOTHER INSTEAD OF FATHER OR IF NOT THEN TO ADD NAME IN PLACE OF HIS MOTHER'S NAME TO PUT NAME OF HIS FATHER AFFIDAVIT REQUIRED OR NOT
Mrudula
06 May 2009 at 17:41
sir
Our Property is situated at chhattisgarh. and all the parties are residing at Maharashtra, however, the legal notice has been sent by the Advocate residing at Jabalpur(M.P.)My question is how far the advocate has jurisdiction to send the notice beyond the state?? irrespective of the location of property as well as Party.
Can he plead in the high court of different state? Plese guide.
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Statement of Accounts
Dear Sir,
My uncle,mysister and myself owned a shop and was rented by a reg. deed. But, as a senior member my uncle has been collecting rent past 10 years and depositing the rent in Joint account and not giving to us our share (1/4 th) and not agreeing for partition of meets and bounds. So, I filed a suit for willful default of rent against Tenant and the petition was dismissed stating that the share will have to be collected from My Uncle and the tenant is not in willful default. Shall I get justise when I filed appeal and advice me.
My uncle was not furnishing statement of Accounts.