Advocate Farheen Penwale

Questions Answered by Advocate Farheen Penwale

Q: Need for consultation of insolvancy

I wanna know more about sec 94 and sec 96 of ibc. Who is eligible for personal insolvancy

Advocate Farheen Penwale answered
Sections 94 and 96 of the Insolvency and Bankruptcy Code apply to personal insolvency and primarily concern personal guarantors to corporate debtors. Not every individual or salaried employee is eligible to invoke these provisions. Eligibility depends on the nature of the debt, the status of the debtor and whether the liability falls within the IBC framework. Section 96 only provides a temporary moratorium upon filing and does not automatically resolve disputes. Applicability must be assessed on facts and documents before any recourse is considered.

Q: Breach of Contract and Misrepresentation by pre-school Franchisor

I had contacted a pre-school Franchisor in the month of July, 2025. I was given commitment from their side that they will get the set-up done within a month and my pre-school will go live in August, 2025. However, the school started in the month of October. As per their contract, they are bound to provide life-long services. However, initially the set-up was delayed by 2 months, and now after set-up I am not getting any support from the Franchisor. They don't even respond back to my emails.

Advocate Farheen Penwale answered
Delays in set-up and continued non-support after commencement may amount to breach of the franchise agreement but this depends on the specific obligations and timelines recorded in the contract and pre-contract communications. Assurances regarding launch dates and ongoing support need to be tested against written clauses and exclusions. Non-responsiveness alone is not determinative, unless contractual duties are shown to be unmet. Most franchise agreements also contain a defined dispute resolution mechanism, often arbitration, which governs how such disputes must be pursued. A review of the agreement and correspondence is necessary to assess remedies and the appropriate course of action.

Q: Regarding deduction in FNF Salary.

My previous employer deducted ₹XXXXX as notice recovery even though my early release was mutually agreed upon. I have email proof of agreement and handover. 1. Talked to HR multiple times on email with HR, CEO, CTO . still deducted the amount. What will be the next steps.2. They are forced me to sing the paper to agree on , deductions.

Advocate Farheen Penwale answered
Deduction of notice pay despite a mutually agreed early release is not automatic and depends on the terms of your employment contract and the correspondence exchanged. E-mail records showing agreement on early release and handover are relevant but the legality of the deduction must be examined against contract clauses and labour law principles. Allegations of being compelled to sign consent documents also require careful factual scrutiny. A review of the appointment letter, e-mails and deduction documents is necessary to assess recoverability and the appropriate next course of action.

Q: Public health emergency due to waterlogging, dengue & malaria risk.

Public health emergency due to waterlogging, dengue & malaria risk.Legal notice already drafted.

Advocate Farheen Penwale answered
The query does not contain sufficient details to determine whether the situation legally amounts to a public health emergency or which authority, if any, is responsible. This would depend on facts such as the location, duration and severity of waterlogging and the applicable local laws. Without these particulars, no clear legal opinion can be given. Although a legal notice may have been drafted, its effectiveness will depend on a proper factual and jurisdictional assessment. A brief consultation is advisable before taking further steps.