Advocate Rahul Rameshwar Totala

Questions Answered by Advocate Rahul Rameshwar Totala

Q: a company promised me for travel allowances to attend interview

hi,I am Muzammil Shaikh,some days back a company shortlisted me and called for an interview on the urgent requirement, I demanded travel allowances as it was to travel from Hyderabad to Pune.the company accepted my demand in writing. now they have not selected me and neither paid promised reimbursement even after so many calls and requests.Can we take any legal action on this attitude?

Advocate Rahul Rameshwar Totala answered
Hi definitely you can take a legal action against the company. You can send them a legal notice or also filed a police complaint against the company the employee who approached you and all the directors of the company and submit the same to the police station with all the supporting emails text messages and documents what you have along with the proof of interview.

Q: how to sign an agreement during covid

Need to sign an agreement with a vendor, but not able to frank as all such services are closed due to covid. How to do this during covid? Is there a way to do this online. Both companies are Bombay based.

Advocate Rahul Rameshwar Totala answered
Hi both parties can agree to sign the agreement once the lockdown is lifted. This clause specifically can be a clause mentioned in the agreement and the said will be a valid clause under law. Hope this answers your query.

Q: being a debtor for petion filed by petition need remedy in NCLT court

It being 3 year company have been seized with all assets and bank account by Enforcement department and SEBI and CMD is been in custody for our company. Now In NCLT court we have received one more notice to appear for debt to reply to one of creditor. Added to same case the petitioner were appointed IPR who also given verbal submission to court there are many more creditors loan payment and dues are pending with our company. Give remedy how to go about 1. what to submit in court procedure2.Can this be settled outside court3.Is there any ADR available4. Let say any way our company can get restructured with valuation of debt and equity shares.5. What could be process with court to change directors6. What could be necessary to understand the financial position before court procedings

Advocate Rahul Rameshwar Totala answered
Sir I specialise in this area of practise. Response to Petition has to be drafted keeping all the facts in hand. There are various routes available under IBC where the promoter can come out of the CIRP Process. Both before admission and post admission of CIRP process. Specific reply to each point can be given only after checking the facts of the case.

Q: Agreement for Mutual understanding in Business Sale

I have been running a restaurant for last 4 years. Now I have decided to sell it for 14 Laks. The manager who was handling the restaurant showed interest in buying it. As he is not able to give the amount in lump sum we have agreed to pay 14 Lacs in 36 installments. As most of the terms are mutually agreed upon; I wanted to know what should we do to make it more legal and law binding document? How do we execute it for the mutual benefit?

Advocate Rahul Rameshwar Totala answered
A detailed MOU or Agreement shall be drafted which covers all the terms and conditions which shall bind both parties under the agreement. Also the payment terms and effect of non payment of any installment shall also be covered under the said agreement.

Q: Trade company from Albania have some unpaid invoices from india compan

We are trade company located in Albania and we have an agreement with a company located in India for trading fruits from ALbania to India. Already according to the agreement we supplied 60 tons of fresh fruit apples to the indian company in basis of regular documents as invoices packing list insurance bill of landing certificate of origin and everything needed for normal procedure. Buyer from India took under his posses the apples we sent but now he is not making any payment. We would like any legal advice on how can we take our payment from indian company,

Advocate Rahul Rameshwar Totala answered
You can definitely seek recovery of money under several laws available in India. Place of suing the Indian company will depend on city where registered office of Indian Company is situated. Further the invoices of which payment is sought to be recovered should be within 3 years.