Advocate Navodaya Singh Rajpurohit

Questions Answered by Advocate Navodaya Singh Rajpurohit

Q: Can NCLT be referred after appointment of official liquidator

Can a comapny make reference to NCLT after official liquidator has been appointed ?

Advocate Navodaya Singh Rajpurohit answered
Whether a company can make a reference to NCLT after the appointment of liquidator depends upon what is being sought by the company from NCLT. In the limited information provided, it can be said that the company can approach NCLT when the appointment of the liquidator is to be challenged based on his/her eligibility to be a liquidator. Further, the order of liquidation passed by NCLT can also be challenged.

Q: Employee Resigning without any Intimation

Hello, There is an employee, who left the job on the day he received his salary and stopped coming to office from next day. We tried to reach him, First Day - Sister in hospital, Second Day- I won't come, We requested him to service a notice period after putting a resignation mail. I want to know what to do, He didn't intimate that he isn't coming from next day, Company is suffering due to lack of resource. We are ready to hire a alternate guy, but we couldn't bear the loss of resouce. What to do in this case? Can we legally send a Letter to him joining or else the legal consquences of the employement contract breach.

Advocate Navodaya Singh Rajpurohit answered
Everything depends upon your employment contract with the employee. Does it mention the notice period? If yes what was the notice period? In any case, a legal notice can be sent for handing over of documents and work which would also include confidential information of the company. Feel free to reach me to understand the alternative methods to retain the employee.

Q: Does Insolvency and Bankruptcy Code override Real estate Regulator Act

I wanted to know that Does Insolvency and Bankruptcy Code Overrides Real estate Regulatory act?

Advocate Navodaya Singh Rajpurohit answered
Insolvency and Bankruptcy Code (IBC) and Real Estate Regulatory Act (RERA) functions in two completely different fields of law and they coincide only at one point where the buyers of the flats don't have a remedy make good there losses if the company is under insolvency. Since both the statutes are relatively new, this will be very premature stage to determine if either of these overrides each other. In general specific law prevails over general law and since both of these laws are specific laws they function in their own field. Its only when matters like Jaypee comes can we determine how to resolve these points of coincidences between the two statutes.

Q: Can stay orde be given on the judgement of the ncdrc

I have got ncdrc order in my favour, I got 9lac from forum. Can builder approach supreme Court for stay and to return 9lac from me

Advocate Navodaya Singh Rajpurohit answered
The Commission works under the hierarchy of Courts. Any order of NCDRC can be challenged in Supreme Court but that has to follow the procedures laid down by the law. It is hard to tell whether an order is appealable with merits or not without looking at it, in any case all the orders of NCDRC can be appealed in Supreme Court if they have a reasonable grounds to challenge the final Order. In your case Builder can approach Supreme Court against the NCDRC order and ask for stay on payment of Rs. 9 lakh to you and any other remedy which can benefit the builder in any manner.