Advocate Akshay Mohiley

Questions Answered by Advocate Akshay Mohiley

Q: Is an OPC company valid if kept silent after registration

I have started a opc company in nov 2015 but due to some problems i havent submit annual compliance like itr and balancesheet of firm the firm have not done any kind of work till now how can i use this firm now?

Advocate Akshay Mohiley answered
you can consult a Lawyer locally and get all the compliance's as required fulfilled now and use the firm normally. There is some penalty that may be charged but the compliances can still be made and work can be started again.

Q: Can there be same board of directors in holding and subsidiary company

Can there be same board of directors in holding and subsidiary company and can a board of directors pf holding company be shareholders in its subsidiary?

Advocate Akshay Mohiley answered
yes it can be. there can be same directors for subsidiary company as well as the holding company.In company, every company is a distinct legal entity and there can be same directors for subsidiary and holding company.

Q: How to seek help from police to marry against the will of family

Sir hum ek ladki se pyar karte hai aur usse shadi karna chahte hai wo bhi mujhse pyar Karti hai aur shadi karna chahti hai. Ladki muslim hai. Aur hum Hindu. Ladki ke family walon Ko pta chal Gaya hai aur we log use ghar me kaid karke rakhe hai aur use mobile bhi nahi mil Raha hai. Aise me hum kya kar sakte hai ya wo kya kar Sakti hai .kya police help karenge use ghar se free karne me . Aur hamari shadi karane me . Agar police ka help chahiye toh kya karna hoga

Advocate Akshay Mohiley answered
Sir, you can lodge a first information report with the police for wrongful confinement and you can file a writ petition before the High Court in whose jurisdiction you fall for a writ of Habeas Corpus for protection of the girl.

Q: Division of assets if a partner wants to take the company

Hi, There are two partners each of 50% in our company. An year back I(one 50% partner) bought a car on company's name and gave a sum from company's current account. I also paid half of the amount to the other partner by cheque to the other partner's wife account. The loan EMI are also dealt in the same manner. Half of the EMI amount is paid by me. Now, the other partner wants to take the company. 1. Can he also claim the same car in the total division of assets? 2. Is there a legal way I can prove that I'm using the car for my personal use and I paid half of company's amount to other partner's wife's account? 3. Is there a NOC/legal agreement that I can ask from him (which is legally bounded and accepted by court in case he claims the car in future)? Thanks in Advance.

Advocate Akshay Mohiley answered
Yes he can claim the car not as a whole though.yes, you can ask him for a NOC/ or enter into a settlement agreement with the company and partner. It shall be a Tripartite Agreement among the you three for settlement of accounts. In the same it can be mentioned that the possession and tittle of the car be delivered to you.

Q: Remedies available for cyber fraud

RESP/SIR I want to know about acheating and fraudy people who get my cv on job portal and call me on my mobile that I have a visa for saudi and he send me one duplicate copy of visa and and ask money .I send him 12750 Rs. After some days he call me that now you do medical checkup and send me report on my whatsapp and he asked me now you send 15000 Rs and come I will receive you. On 24-6-2018 I sended that amount in his bank account. After that he is not attending my call on his whatsapp, mobile and not repplying on email although his bell is always ringing some time he divert the call to other number. I have his photo, and whatsapp wallpaper photo, bank acct. no. branch address. Now what action or any case I can do for that cheater people pl.reply me.

Advocate Akshay Mohiley answered
you should file a first information report in your local police station under section 406 if Indian Penal Code. Moreover you should also approach the Cyber Cell/ Crime Police station in your local jurisdiction and institute a complaint with them.