Advocate Nachiketh Konapur

Questions Answered by Advocate Nachiketh Konapur (25+ answers)

Q: Is it compulsory to attend the arbitration process referred by lok adalat judge

Recently, the judge issued a Lok Adalat notice for my case. I have some inquiries:

1. What is Lok Adalat, and what role does it play in dispute resolution?
2. Is it compulsory for the accused to attend Lok Adalat, or can they send a representative with an agreement letter?
3. Can we ignore a Lok Adalat notice, or is attendance mandatory?
4. Can the accused request to return to court before reaching a compromise?
5. What happens if the accused fails to attend Lok Adalat?
6. Can we approach another Lok Adalat in 2024 or 2025?

Advocate Nachiketh Konapur answered
There is no mandatory rule requiring the accused to attend Lok Adalat. They may send a representative along with a letter explaining their absence.

Additionally, the accused has the right to return to court before finalizing any compromise. If they do not attend the Lok Adalat session, a notice or summons may be issued for the next date. If they miss it again, Lok Adalat loses jurisdiction, and the case is transferred back to the court.

If other legal bodies have jurisdiction over the case, it may be transferred accordingly. Similarly, parties can request a transfer of their case from one Lok Adalat to another if necessary.

Q: Mentally Harassed by my manager and lead

I am software engineer. I filed a complaint against my lead and Manager because of them i lost my peace of mind(having lack of sleep, mental stress, back pain etc.) because of that i am away from my work almost 4 months that is till date. I filed a case against them in my company with proofs but company has rejected by saying "The panel has reported that allegation made by you is unjustified and hence we are dismissing your complaint."I have shared all the proofs against them to HR's but they don't want to take any action against my manager. Company is forcing me to back to work in the same team where i was harassed.Please suggest me what to do next. I am ready to take legal action against them.

Advocate Nachiketh Konapur answered
I will be writing my reply only on the question you have asked as you have not specified what was the stress etc. caused due to your lead and manager. The second thing being that it isn't surprising that executives are saved by these panels. You don't have to work in the same team if they force you to. You can go the Legal route. Before you go the legal route, you can put in a word in the company that, I cannot work with the same team, after that you can take legal action, if you want to.

Q: Indian IT Organization not paying salary to its contractor at Onsite

I work as IT consultant in Vietnam for a large Indian IT MNC through subscontract vendor. That vendor is from Singapore and has an entity at Vietnam. For some unknown reason Indian IT MNC Finance Team has stopped payment to the Vendor. And Vendor also has denied to clear my payment saying it can't pay unless IT Company pays him. vendor also claims, it didn't get any payment from that IT Company so far and paid me everything from his pocket. I work directly with IT that Company and it's employees in Vietnam and I also have Contract Employee ID. That vendor looks after only my payroll. In such scenario can I take legal action from India? even though I was working in Vietnam. Whom should I take action against? At present I'm in Vietnam and planning to come back to India.

Advocate Nachiketh Konapur answered
India has very strong and strict labour laws in place. Hence, in the first place you can take legal action against the IT MNC from India itself, seeking relief. In the second place, you can also include the subcontract vendor in the action if you want to, from Vietnam or from Singapore where vendor is basically placed. As asked, you always have the option of taking legal action from India on either of the entities.

Q: Fraud by Co-Director of Pvt Ltd Company

Hello Everyone, I have a query regards to a Pvt Ltd firm where I am a director & my partner who is managing director. The managing director issued a cheque to someone for his personal requirements without my knowledge and realized that it got bounced. I am insisting on finding an alternative director as I do not want to be in it as he is used to do things that are against law. Cheque was only as example.I being a director as well, I do not want to be held liable in any of the legal consequences that company may face, considering the fact that he might even issue a 5lakh cheque to someone someday without my knowledge. How do I protect myself here ? I do not want to be held liable for the illegal activities done by the managing director. Look forward to your kind suggestions. Thanks

Advocate Nachiketh Konapur answered
A company is separate from it's director and employees. It is something like a separate person. However, according to the facts given by you, your partner can be directly held liable for illegal activities he has done. You would not be held responsible for the acts. However, even after having known the acts, you have have let it continue, you might be held liable to a certain level. So, it is better to go for legal action against the person, if you want the company's money back.

Q: Requirement to register e pharmacy.

I have set up offline medical store. I am the only owner to it. I want to expand my business and make it online also. For making online, one more partner have joined. How do i register my e pharmacy business? And how about GST?

Advocate Nachiketh Konapur answered
There is not much compliance to go through. The directors need to have DIN (Directors Identification Number) PAN Number and submit some forms under companies act,2013. Forms 1, 18 and 32. Submit an application to Registrar of Companies, to register the company. Submit an application for VAT and PF and ESI for employees. A law firm can do this for you. As for GST, you need to apply for GST Identification Number and that will be enough.