Advocate Atul Kumar Singh

Questions Answered by Advocate Atul Kumar Singh

Q: Advice about payment recovery through MSMED act 2006

1. Under MSMED act 2006 how old invoices can be submitted for payment. Our company has balance payments with some builders and other limited companies under running account some of such accounts are in operation since 2007. 2. Can we close the recovery payment cases and use this MSMED act 2006 medium for our balance payment recovery under this? 3. There is an arbitration clause in case of a builder company which has to be appointed by the company. We have requested this company through e-mail but it is not responding. What should be done to get the arbitrator appointed. Matter is more than 50 lakhs

Advocate Atul Kumar Singh answered
In my opinion MSME act is pathetic act as the award passed is only an arbitral award which can be challenged under arbitration and conciliation act before this Civil Court of local jurisdiction.And even the parties do not challenge it it is to be executed by Court of Civil Court therefore I personally believe that there is no benefit of approaching the court under m s m e.Rather you go for National Company Law Tribunal it is easy effective and fast remedies available to you.The general mattis I decided in nclt within 3 months and most of the cases money are recovered early.

Q: To speak to my estranged wife

I filed divorce case after 2 months of marriage as my wife deserted me. She even changed her mobile no.Our case is now in court? Through her social networking activity i got her office number. Now i want to talk to her. Is it ok to call her office?

Advocate Atul Kumar Singh answered
She is your wife you have every right to contact her.you can also file section 9 petition for restitution of conjugal right to bring her back.You can also ask her for divorce by mutual consent and get rid of her.The divorce of mutual consent is only file after the period of one year with the consent of both the parties.you can also file a suit for declaration for declaring the marriage null and void as the marriage and its rights one ever performed by you and it was mere an eye wash.

Q: Fraud by boyfriend

I m Hindu. I had an extramarital affair.he betrayed me and earned money from me.ow he hs suddenly changed .I want to recover my money and want to teach him a lesson.he was with me for money only and he hs ruined my life with my husband and a child.

Advocate Atul Kumar Singh answered
You can file a case against the person for adultery which is a punishable offence under Indian Penal Code.The adultery is an offence against the husband and there is no punishment for the wife to cause adultery.you can also file a case for criminal breach of Trust, cheating in the court you can also recover the money by filing a recovery suit but you have to prove that the money was actually given by you in any means.

Q: The below mentioned is my problem and what would i do in this

Sir i have invested in network marketing company after investing money the CMD is not giving the amount returning in respect of that investment which he is promised so pls guid me and how would I initiate legal action against him

Advocate Atul Kumar Singh answered
Friend if you have a share transfer certificate in your name you own certain amount of shares then you can always claim for the amount by filing a summary suit under order 37.Please note while filing the suit you have to place the requisite Court fees

Q: FAMILY AND BUSINESS .

MY FATHER DIED WITHOUT WILL AND MY MOTHER IS ALSO NO MORE . can i do business on my fathers land ? he gave the documents of the land to me before his last breath . I also have two brothers and two sisters

Advocate Atul Kumar Singh answered
Yes but only after no objection from the legal heirs of your father.I have seen judgements of the Bombay high court werr the property purchased from the shop belongs of the family property also divided among other legal heirs as the court said it was the family income and therefore the self owned property from that Income is also belongs to the family property. Meanwhile the court also divided self owned property among the other legal Heirs.