Advocate Anirrud Goswami

Questions Answered by Advocate Anirrud Goswami

Q: NCLAT Judgement directing NCLT to rehear the issues

Dear SirNCLAT passed a judgement against NCLT Order and directed NCLT to rehear the issues. In the judgement it is not clarify who will inform the NCLT about the directions and judgement whether NCLAT registry or the party itself.Now what should party do? Whether party should file an application in NCLT with the Judgement copy of NCLAT or should wait for NCLAT registry to inform the NCLT?If party can directly file an application in NCLT, in such case, what type of application it should be and what all details should be filed?

Advocate Anirrud Goswami answered
NCLAT Registry will give its order to NCLT. Party doesn’t need to do anything. But when the matter comes up for hearing, the party can provide a certified copy of the NCLAT order to NCLT. Can call me if you want personal consultation on NCLT/NCLAT matters. We are experts.

Q: How to evict tenant if he refuse to give rent

I have tenant in 2bhk flat in delhi. We have 11 months agreement. He is not giving rent since 3 month . Now he is rufusing to pay and said I will not evict from your house. What action should I take .

Advocate Anirrud Goswami answered
Call me with your facts and details so that I can ascertain your case. Will need to analyse the Rental/Lease Agreement terms. Accordingly you will have to take legal steps to get him evicted as per your rights as a landlord.

Q: NCLT PROCEEDINGS FOR COURIER COMPANY

Recovery of dues as process of resolution or liquidation yet to begin. Before lockdown Employer has taken Stay Order to restrict IRP proceedings.

Advocate Anirrud Goswami answered
If there is a stay order against CIRP, then firstly, it needs to be ascertained whether you have a right to recovery under the IBC or not. For that, all facts would be required to be examined by an experienced IBC lawyer to ensure that a comprehensive answer to your query can be given. You should take a legal opinion on this first.

Q: Will and Bank transction of after my mother death

Kindly suggest me that my mother write the name of mine in the Will executed on 2004 and on bank account having either or survior name on 2014 of my sister. but my sister draw all the money without my consent. Where i can keep myself in this case. i am a hindu.

Advocate Anirrud Goswami answered
You can contest this in Court. If your mother’s Will clearly gives your name, then your sister’s withdrawals are per se, illegal. We can discuss your case further if you are interested since all facts are important to know in order to answer your query more specifically.

Q: Is NCLT Delhi accepting the OFFLINE Applications on Counters now?

Is NCLT Delhi accepting the OFFLINE Applications on Counters now?

Advocate Anirrud Goswami answered
Not unless there’s an urgent mentioning application filed online for listing the matter for an earlier hearing. Once that is accepted, then Counters can be filed offline by following due process. The hearings are taking place online.