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I am an entrepreneur and one of my senior employees suddenly shot an email of resignation and stopped coming without any notice. He possesses valuable and confidential information of the company. We are not understanding his motive. He is not responding to emails or phone calls. What is the way to tackle this situation?
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A. Immediately lodge a general diary with the concerned police station. Then file a case under section 156(3) of the code of criminal procedure. Simultaneously you may initiate other legal actions. Consultant a Corporate Lawyer.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata
I was recently lured in stock market trading in futures and options. Person on the other end called me many times to convince me. Tall promises were made of returns however an investment of approx 2 lacs was lost due to poor knowledge by the trader. My login credentials was taken to trade. Evidence of calls and WhatsApp messages are available. How can this be litigated?
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A. Please file an application to national stock exchange or bombay stock exchange (where your trading was done by the broker) for referring the matter to the investors grievance redressal panel (igrp). Igrp shall conduct a conciliation between you and the broker. If you are not satisfied with the order of the igrp then refer the matter to arbitration. The stock exchanges have own institutional arbitration mechanism. The arbitration is time bound here and the award is passed within 4 months from the date of reference.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata

Rao Rao

Posted 1 month ago

The advocate of writ petitioner now no more, is the court aware of it?, will the court issue notice to the petitioner to appoint a advocate? If it list it with the same ( dead advocate name) since the case number remaining the same and the case was referred back by S C to H C for re look afresh, then who has to take up the issue, if not what will be out come. Your guidance please, thanking you.
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A. It is the petioner's responsibility to engage a new Advocate
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Prodyut Banerjee Exp: 11 Year(s) Kolkata

Subramanyam K

Posted 1 month ago

Sir directly can we draft a letter and send to the person that we are claiming of Defamation upon you & so and so AMT we are claiming on you...Can you pay in front me or shall we go through the court ?
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A. Yes you can send a letter claiming money for defamation. However if he does not pay then you have to approach the proper Court by filing a suit for defamation.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata
Sir, I want to open a mini restaurant with one other partner. There will be 3-4 employees, we both are doing job. Can u please tell me legal process. Such as bank account, registration. Etc.
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A. First decide upon the Structure (whether you want a pvt ltd company or Limited Liability Partnership or a Pure Partnership). In case you go for a pure partnership then you should go for a registered partnership in stead of a notarised partnership deed. When the entity is formed then go for trade licence, PAN, TAN, Food Licence, GST Registration etc. Consult a good Business Lawyer before taking any step.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata

Pankaj Kori

Posted 1 month ago

Hello one of my friend borrow money from me and I had made memorandum of understanding he also signature on it along with his copy of pan card. But now he denies to pay money by giving some excuses like go and file a case against me I tell them Im insolvent I dont have anything to pay. So what to do please help
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A. Send a legal notice and then file a money suit. You have to pay Court fee depending upon the amount claimed.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata

Anonymous

Posted 1 month ago

Dear Sir, I just want to know if someone loose his case in Honable NCLT Court , can he file money suit in civil court even when NVLT orders against him
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A. I presume you filed the case at NCLT under the Insolvency and Bankruptcy code 2016. In such case you are entitled to file money suit even if you have lost at nclt. Consult a good Corporate Lawyer.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata
There is a dispute between two directors of an Indian company- Director X and Director Y. Director Y does not have the best interest of the company in his mind and wants the company to close. Director Y reached out to the company's bank account and asked them to freeze the bank account. Authorized signatory for this bank account is Director X. What options does Director X has to unfreeze the accounts? Is this freezing of bank account by Director Y legal? Director Y ahs 30% shareholding and Director X has the majority shareholding 70%. Director X is in the process of removing director Y as the director of the company.
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A. Company Court concept is gone after introduction of the Companies Act, 2013. Now you have to approach the proper Bench of the National Company Law Tribunal.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata
I have been made director of a pvt ltd co. in 2018 which was incorporated in 2016. I do not have any shares on my name. Now my company is taking a loan from bank for which even I will need to sign on legal documents of bank. If my company defaults payment, will I be liable for the payment of debt? If yes, to what extent?
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A. The answer is clearly no. You will not be held personally responsible until and unless you have given any personal guarantee/ indemnity. Here Comes the concept "Company is a separate Legal entity". However if the loan is taken for a fraudulent purpose the Corporate veil shall be lifted to see your involvement in the transaction.
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Prodyut Banerjee Exp: 11 Year(s) Kolkata
Dear Sir, Madam, I am NRI, settled in USA (US citizen) . My native is near Vadodara in Gujarat where I do have Agriculture Land, House and Bank account with local bank in my Village. My question here is that How to file police FIR for lost share certificates as it was bought by me in young age when I was living in my Village in Gujarat. As it is very old investment, I lost the physical certificate over a period of time. I do have Dividend voucher as proof with me. Look forward for your advice. Thank you
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A. 1.File a General Diary with the concerned Police Station at your native place (no need for FIR) 2. Send a letter to the Registered Office of the company for issue of duplicate certificate along with a)the copy of dividend warrant showing your ledger folio no and other details of your shares b) Affidavit regarding loss of certificate c)indemnity bond d)self attested copy of your PAN/ AADHAR and other documents e) copy of the aforesaid Police General Diary. Consult a suitable Corporate Lawyer
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Prodyut Banerjee Exp: 11 Year(s) Kolkata

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