it is necessary to peruse the correspondence exchanged between parties award passed by arbitrator to advice
2) separate purchase orders must have been placed for each project
3) limitation would apply for each purchase order placed project wise
A big Builder purchased material from our Small Scale MSEME registered company for his 4 housing projects in the same city and the payments for these projects were also made through the same bank and same bank account number but he did not make full payment and cancelled his purchase orders without informing us and after that we requested him for 2 years through Emails, Phone calls and personal visits but he did not take any action regarding our big balance payment and then after that we filed Case/Reference in MSMEFC Council Haryana. Council sent this case to Arbitrator after failure of conciliation process and the Arbitrator only accepted 2 projects for doing arbitration processing and dismissed our claim regarding another 2 projects. Please tell me when the buyer is same and payment was made from same bank and same bank Account number in the same city -Faridabad of Haryana state where these projects exist; will the Limitation act apply to the Buyer (customer) it will apply Project wise as stated above that owner of these all the projects is the same builder who made the payment to us for his 4 housing projects in the same city, through same bank and same bank account number
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it is necessary to peruse the correspondence exchanged between parties award passed by arbitrator to advice
2) separate purchase orders must have been placed for each project
3) limitation would apply for each purchase order placed project wise
Yes, limitation as provided in limitation Act would apply in given circumstances. However, on examining details remedy could be suggested.
Is there any agreement between you and the builder , if yes what is the condition under this circumstances?
What was the case filed and what was the relief sought?
The limitation act will certainly apply to this situation.
If the delay is beyond three years then your claim would be barred in respect of the supply of goods or purchase order that is beyond three years.
What is your advocate's opinion in this regard?
The case papers are to be perused to render more and proper opinion.
1) What was the total amount of 4 projects?
2) The due amount from the builder?
3) Duration of the intimation- emails, phone calls or any legal notice served by this builder?
After the award was passed by MSEFC Council Haryana we made an application to Deputy commissioner office Faridabad (As per Haryana Govt. act 2021 the responsibility of Council` award execution has been given to District collector where claimant resides but that office after 9 months` delay without any proper reason for delaying but as per the request of JD, passed an order dismissing council award judgement and passed his own order in which he reduced the amount to 20 % of Council’s Judgement amount making the base of Arbitrator`s typing mistake in the report at just one Place regarding calculation of the interest amount however at other place in the beginning of his report he clearly said that interest will be calculated on the basis of section 16 of MSMED Act 2006.This Deputy commissioner office did so deliberately after getting heavy bribe from the Judgement debtor. Please suggest which measures we can take against this illogical order
i would need further details to answer better
i want to understand on what basis did the arbitrator reject your claim for 2 projects and is pursuing the case only for the other 2 projects
your question is vague and does not have the material particulars
you need to inform the date of invoice raised by you, the time within which payment was required to be made, whether there was any promise by the builder to pay the invoices and whether there was any express refusal by him to so pay
You challenge the aforesaid arbitrrator order as well as illegal acts before the appeallate authority
if an appeal preferred is dismissed or if an Enterprise does not file any appeal under Section 19 of The MSMED Act, challenging the arbitral award then the said award shall be executed by the concerned District Collector and the amount due shall be recovered as arrears of land revenue.
order passed by district collector is unsustainable . The executing court cannot question the decree or object to its legality.
Limitation Act Applicability:
Steps to Challenge Arbitrator’s Decision:
Deputy Commissioner's Order:
Execution of MSMEFC Award:
Next Steps:
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you.
Shubham Goyal
The arbitration award can be appealed against before the high court and in some places before the district court.
The deputy commissioner or the collector may not be empowered with powers to hear the appeal.
You may plan to file a writ petition before high court on the advise of your own advocate
Yours is a continues business with builder with running account. Every deal is a link in the chain of transaction. Limitation will start from the date of last payment made in last transaction. This is the answer the your question.
As per law laid down by SC the execution of award has to be full/100 percent. There can be partial execution of award. Either terms of award are applied in total or if the award is defective it has to discarded fully. There cannot be partial implementation of award. This is answer to additional question. Collector has no power to modify the award. You can directly challenge deduction of 20 per cent by Collector.
We filed a writ in the High court against the very abnormal decision of MSMED Council Haryana based on Time Limitation. About that writ High Court made following remarks: "On being confronted that the dismissal of the claim would nonetheless be an Award of the Facilitation Council which is amenable to challenge by way of an appeal under Section 19 of the MSMED Act, 2006" Please give some clarifications about this Matter: 1. Our MSEFC Council is in district Panchkula, Haryana. So where will this appeal be filed? 2. Will this appeal be filed in Civil Court or in Arbitration court and generally how much does it take to settle such type of case in such courts? 3. As this appeal will be against MSEFC Council can this Council go to the higher court if judgement comes against it? 4. In this matter issue was very small-Time Limitation ,can we request to High Court again to give its decision on Time Limitation regarding this case as council`s decision was against the spirit of Law. 5. I think this is a very small legal point and we should go again to High court and request it to give direction to MSEFC council in this matter 6. Other clarifications from your point of view
It has to be challenged to the appellate authority constituted in the said act.The appeal is filed to director IC ministry of MSME within 30!days
You cannot request HC to again give its decision
2) HC would not give direction to MSME council
3) you have to file appeal
4) local lawyer can guide you where appeal is to be filed
1. The appellate authority for Micro, Small and Medium Enterprises (MSME) is The Director of the MSME, located at 264, Udyog Bhawan, New Delhi 110011.
2 You can approach the the office and become aware of the procedures and other details
3. It depends on how they view it.
4. You can discuss with your advocate about it and proceed as advised.
5. Since you have already approached high court with a writ petition you may follow it.
Dear Client,
In the Present Scenario, taking into consideration the Limitation Act, the time for recovering the money under the contract, would be 3 years from the time payment of the same becomes due. Herein, the decision of the arbitrator to treat the projects as four separately as each of the projects had different purchase orders, making the limitation period being applied project-wise. Additionally, the payments for the projects have been from the same bank account, and the argument for a consolidated claim may be evidenced with continual cause of action, thus, aiding in the extension of the limitation period. With respect to the MSME Act, the same provides for dispute resolution through the methods of arbitration and conciliation. But, excluding the claims of the arbitrator, for two projects specifies the procedural limitations present and thus, the expiration of the limitation period. However, to challenge this, it is suggested that you maintain all the relevant documents, including the contract, the purchase orders, relevant receipts etc. You may also appeal the decision under the Arbitration and Conciliation Act, if you are not satisfied with the arbitrator's decision.
Hope you find this answer beneficial for resolving the dispute.
Clarification about Will/Vasiyat My late grand maternal father executed a Will/ Vasiyat in favour of three elder sons of his 3 daughters in year 1990 in unequal shares but after 5 years he changed it as he realised some mistake in the earlier Will/ Vasiyat in regard to shares given to heirs. My grand maternal father has died 20 years back. Now one shareholder out of three shareholders in whose names this Will or vasiyat was done was raising some illogical objections against the Will so, this Will had to be filed in the Civil Court for its probation. This heir or Shareholder is raising illogical and false allegations against the Great Property donor, our respectable grand maternal father and asking for change in his share and in a way insulting him. Please tell me is there any law which may stop such type of wrong activities as our maternal grandfather was a great gentleman and famous personality in the society. Now this type of insult is very bad and other shareholders are very sad due to this wrong action of one shareholder
As per law, last WILL is only enforceable. In pending probate case you csn file interim application seeking stay as interim relief.
You have filed for probate
you have to prove will by testimony of one of attesting witnesses
if one of grand sons has objected to probate petition gets converted into suit
you have to prove will was executed by grand father
grandson has to prove allegations made by him
If your maternal grandfather modified or cancelled his Will and has written the Will afresh, the fresh Will shall only be valid and not the previous one.
If he is indulging in any undesirable activities, you may initiate proper legal action either by criminal law or through civil law or by both
Alternately you can take steps to obtain probate of Will in your possession to enforce it which will bring all other unnecessary disputes in this regard to an end.
MSME Case:
Where to File Appeal?
Type of Court?
Can MSEFC Appeal Further?
High Court on Limitation:
Next Steps:
General Clarification:
Will/Probate Issue:
Challenging the Objections:
Defaming the Deceased:
Resolution:
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you.
Shubham Goyal
you will NOT get a good reply if your question is vague and lacks material particulars
the follow up query is totally unrelated to the main query - admin please check such malpractices. Ideally this person was required to book a fresh consultation for another query, but he has asked the same as a follow up
On 15-8-2018 I took online consultancy from a lawyer through LawRato Online law firm. LawRato`s fee for this 30 minute consultancy was Rs. 500.The lawyer gave consultancy for around 20 minutes and after that he said that if I wanted further consultancy then give him Rs. 7500 and come to his office after depositing fee and sent his account detail through SMS even without my verbal approval.1 week after that consultancy our firm needed a lawyer for just 1 single date as we were in process of hiring a new lawyer for our case in one Delhi District court. As this lawyer had mentioned in his portfolio that he works in Delhi courts in addition to Faridabad court. I asked lawyer to attend one date in Delhi court but he replied very rudely and asked me to first Deposit Rs. 7500 in bank account then only he will talk about anything further and when I said that I do not require such a big consultancy and said for what I require your services is just attending one case date but he said again that first deposit Rs. 7500 in account and take consultancy then only he will do any other new job. I refused this proposal, on this remark he got provoked and used very filthy language and gave me a rural type Galis (Hot words) about my mother. I cannot repeat such words. In response I used strong words but not used any filthy language After this he played strategy of making money through blackmailing and just after 1 hour made complaint to police. Later on he could not justify his stand in police station and in DSP` office as DSP after listening to me asked his staff to exit me from this complaint. After this he has come to court to fulfill his ill motive somehow or other. CD given in court has been definitely manipulated as I understood this after reading summon and also he would have skipped the content of initial calls (3-4 calls) to execute his plan. We never met before this incident Please advise me how to file a case against this lawyer so that he may get proper punishment
It is not a case against lawyer but against an individual.
You can follow the procedures of law for making a complaint against as you may take against anyone else.
As a matter of fact he also has given a complaint as an individual only, hence you initiate legal action against him as per law.
File complaint against lawyer before the bar council of your state
bar council after verification of facts and after hearing the parties would take action. Against the lawyer
admin - this user is misusing the platform by posting different queries as follow up. please remove his query from my que and ban him from using the site
stop passing comments in my comment box
you are misusing this platform by asking different questions under the pretext of follow up
i have no hesitation to believe that the advocate from lawrato would have been triggered by you only considering your inappropriate conduct and behaviour which is reflecting on this platform as well
any more comments in my comment box and i will see to it that i have you booked under the Information Technology Act for trolling
Dear Client,
In relation to the Will/Vasiyat dispute, it is very important to focus on the probate proceedings to authenticate the Will. The court will check the validity of the document and baseless objections from one shareholder cannot override the testator's intentions if the Will was executed properly. You should present evidence that supports the fairness of the Willand the reputation of your late grand maternal grandfather. You might evenlike to sue for defamation against theactions or allegations of theshareholder that have a defamatory nature. Regarding lawyer misconduct, I will instruct you on how to make a complaint with the State Bar Council under Section 35 of the Advocates Act, 1961, against the abuse of language, blackmail, and even possible manipulation of evidence. Argue the straw-man case in court also by requiring forensic examination on an effort to uncover some attemptedmeddling with the evidence brought via CD. Although attorney's conduct has prejudiced the attorney, one-should claim a defamation action besides laying complaints with a professional action to the law-sports website. Seek an experience lawyer attorney who can help in successfully tackling each case.
Hope you find this answer helpful in resolving the issue.