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Hi, We are very new and small company. I had a client to whom we have provided a manpower resource on a fixed monthly pay. Right from starting client has been taking us for granted and always delaying the payment. Client's attitude has been totally unprofessional during our engagement when it comes towards payment. This has severely impacted us we are not with deep pockets to pay resource salary without getting payment from client. This has seriously impacted our reputation in eyes of our employee. In March 2019, suddenly client came and started blaming us that our resource is not capable to handle the work given to him. When inquired, we came to know that client has given work to our employee on skills for which client has not hired our employee. When we discussed with client then he asked us to terminate the contract in march 2019. As per our initial agreement, client was supposed to give us a notice of 2 months for terminating the contract. However because of client's unprofessional attitude we had to terminate the contract as he was already holding our payment for two months. From last two months, we are chasing for our payment but client has refused to make the payment to us mentioning that our resource didn't completed the task given to him and hence he can't make the payment until and unless we as a company don't complete his work. We have been very clear with client that our responsibility was to provide a resource. Since he has already used the resource till March, so he need to release the payment for resource. There was no back to back understanding of delivering his tasks after terminating the resource contract. He has been totally unprofessional and always make us fall in his mesh before making the payment. But this time we don't want to act as he want. We want to be professional and want to teach our client a lesson that he can not take us for granted and want our full payment to be released asap. I am looking forward for a legal advice on how to go ahead to handle this scenario. Regards,
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A. Dear sir U will need to file case against them immediately or send legal notice through lawyer for money recovery suit
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Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
A Stay of any proceeding in relation to Arbitral Award having been ordered suo moto by CG High Court without there being any prayer or application for it, that too, in an otherwise infructuous and not maintainable CWP challenging arbitration while the Award has already been passed after due participation by the petitioner. What can be done for disposal of such over-pending application for vacation of proactive Stay whereas the CWP is itself infructuous ??
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A. If the matter is not being listed then, you can go for up gradation of that matter so that it comes to the listing. Thanks
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
My grivences no PMOPG/E/2018/0493675 is closed by vagues replies by AIr HQ IAF still pending My grivences no PMOPG/E/2019/0087779, authorities closing my case by giving vagues replies as per AFA and AFR mentioned in above grivences I must be allowed to rejoin in IAF ,due to lack of knowledge and misguided by AIr force authorities I was handed over the discharged book on 10 march 99. please help Thanks
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A. Sir such maters have special tribunals to take care of it. Your matter is a service related matter and shall come under the purview of the Armed Forces Tribunal. Please file a case in the AFT. Thanks
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj Kumar Experience: 1 Year(s) Patna
Hi Sir, Last year in the month of August I have done a Work From Home Job from SO Services, but unfortunately they failed my Typing work. I already lost lot of money by paying for their Illegal and threatening mails and phone calls. After 3months they called me and they are threatening to pay money of 50,000 otherwise they will file case in Surat Arbitrary court. Due to my mental tension because of them I have paid again .. And Now again they are calling and threatening to pay the money I got messages from - like this - Contempt of arbitration is resembling to disrespecting and dishonoring orders of ministry of law and justice. Now, we as an arbitrary have initiate to take legal action against you by sending the legal notice via R.P.A.D. Soft copy email notice has been sent to your email ID. Please respect this notice and settle out the mediation And another message too- we will send you the notice Hard copy on your Residence Address. Do reply us within 2 days or call us on this number Sir, now what to do, I'm not lifting the calls from them..because their Number shows Advocates in Truecaller but it shows as spam.. Can you please know how can I slove this problem
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A. You have a strong case to recover amount pl give details dr vedula gopinath senior lawyer and arbitrator
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Dr Vedula Gopinath Exp: 31 Year(s) Visakhapatnam
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
I was teaching and doing translation work for an organisation. In April, 2018 I was told that I would only be paid half the amount due for a document which I had translated from English to French. Since I was sure that this decision was not justified, I resigned from the translation service in protest and subsequently from my teaching position in the month of June 2018 since the same person was in charge of both teaching and translation and it would have been impossible to work under her. In my resignation letter, I accused my boss of harassment due to a series of contentious decisions by her previous to this decision. The Director of the organisation did not accept my resignation but I did not return there. In November 2018 the issue of the breach of contract in the translation of the document was resolved in my favour and my boss was ordered to pay me the balance of the amount due for the translated document. However, it would not be possible for me to work with this person anymore. I took up the matter with the Executive Committee of the Organization to press harassment charges against her but last week it said that it did not want to interfere in the personal conflict of the two parties. I expressed my disagreement since I felt that this was a clear case of harassment. Would it be possible to take legal action against my boss ?
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A. Dear madam, You have the right to lodge the complaint for any irregularity which is not a part of your contract. You can drag them to the Court of Law till they finally settle your claim which id legal and genuine. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I was selected by a Pvt LTD company in Raipur in November,2011. I had to sign a bond for three years on 5.11.2011 as I was falsely told that it was mandatory for all employees. An offer letter was issued to me and I joined on 8.12.2012. The work culture and their illegal activities did not match with my ethics and I requested them to release me but they declined. After more than 2 months of my joining the office I was asked to accept an appointment letter dated 8.12.2012 which I refused to accept. The reason was that the Service Bond had no Arbitration Clause but in the appointment letter it was mentioned that "you have to sign a bond for a continuous service of 3 years". And in the appointment letter it was mention of that "any Dispute arising out of this agreement/appointment will be resolved by a sole arbitrator to be appointed by (the company). It was also mentioned in the last paragraph of the appointment letter - "If the terms and conditions are acceptable to you, you join on 8.12.2012". Due to their rough behaviour, I could not survive and left their job after informing them over phone which they have accepted in their subsquent correspondence. They went for a sole Arbitration. No notice was received by me as I was working out of station for which I have appointment letter of a very reputed company. Before all these happenings, I had informed them by an email that all my future correspondence should be made with my advocate. But no communication was made with. They have also fabricated many more false charges and had convinced the Sole Arbitrator to pass an ex Party award. My advocate received a copy of Arbitral Award along with a copy of of Execution suit while contesting a false 138 case in Raipur Court which they have produced as an evidence of a false loan allegedly taken by me against two cheques issued to them. In fact, I issued two cheques as a collateral security against a furniture loan of which a major portion was deducted from my salary. They had openly challenged me "Ham tumhe Varvaad Kar Denge" and exactly they are doing the same. Even there being no fault of mine, I have paid the cheque amount in the court 'without prejudice to my rights and contentions and to save myself from the harasment as I stay in Kolkata. There may be another 138 case for which I don't have information. The execution proceeding is pending in Raipur Court. To quash this award, I have to file a suit in Raipur Court itself due to jurisdictional issue. This means all together I will have to contest 4 suits in Raipur spending my life in and around court rooms and advocates' Chambers. Please suggest how to get rid of this type of rich people who has made judiciary a joke and taking pleasure out of the poor people like me. Please suggest and help.
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A. DEAR CLIENT, THE FACTS ARE NOT CLEAR. For details, pl.contact some advocate through vidhikarya.com.
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Rajender Prasad Exp: 5 Year(s) New Delhi
Dr Vedula Gopinath Experience: 31 Year(s) Visakhapatnam
Deepak Bade Experience: 9 Year(s) Nanded
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 7 months ago

My friend was a trader in share market. He incurred a loss by doing trading in FNO segment in the year 2008 (November), actually the trades were done by the brokers employee. However he made a complaint with Consumer forum in 2009, but on November, 2017 an award was awarded in the favour of the Broker that this case was not eligible under the consumer forum. Then he advanced to the NSE IGRP panel for filing the case. However the broker state that this was barred by limitation act. Is he allowed to file complaint in NSE IGRP or Arbitration panel.
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A. dear client you can file this case with an application of leaving the condo nation of delay. or you can file a criminal case
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Rajender Prasad Exp: 5 Year(s) New Delhi
R. N. Chaturvedi Experience: 14 Year(s) Bhopal
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
VIMAL K MISHRA Experience: 15 Year(s) Allahabad

Anonymous

Posted 10 months ago

My land was acquired by Avas Vikas Colony, Uttar Pardesh government 30 years back without informing me and my land was not included in gazette still they acquired and compensation of land not given till now Now After doing case in Allahabad high court on Avas vikas they said take your money which was deposited in government treasury it was not deposited in my account or in court and now they are saying take treasury money according to 32 year old rates. Is this case fit for high court and how much compensation should I expect ?
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A. dear client you can claim interest on your claim. For details, pl.contact some advocate through vidhikarya.com.
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Rajender Prasad Exp: 5 Year(s) New Delhi
GANESH SHARMA Experience: 3 Year(s) Faridabad
Rajender Prasad Experience: 5 Year(s) New Delhi
Hello sir I have given test for virtual assistant online on v VA CLASS and my result is fail and now the legal department is asking to pay the amount of 5000. It was written in the agreement that if I failed then I have to pay but now they are asking me to pay 30000 or they will file case against me of 420 in Delhi Arbitrary court. Sir please tell me if they can really file against me via email or not. I have given them my address photo copy and they sent me their agreement via email.
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A. dear client, you can go only in accordance with the provisions of your agreement. For details, pl.contact some advocate through vidhikarya.com.
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Rajender Prasad Exp: 5 Year(s) New Delhi
GANESH SHARMA Experience: 3 Year(s) Faridabad

Thyagaroyal Ganna

Posted 11 months ago

Hi, My grandfather and his two sons (younger is my father) got into Arbitration agreement on 1993. The arbitration was done with 5 elders from my village. Further the agreement was reduced to writing on white papers. This agreement is not registered. The elder son violated the agreement and sold the lands as per his wish including the lands from the younger share. My grandfather and both his sons passed away. There are properties still undivided between the two sons. What is the best I can do here. I got suggestions to apply for partition suit. I request the details required for this partition suit. Thanks ThyagaRoyal Ganna
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A. dear client you can go for partition suit. For details, pl.contact some advocate through vidhikarya.com.
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Rajender Prasad Exp: 5 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Nirmal Chopra Experience: 20 Year(s) New Delhi

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