Advocate Rajeev Shrivastava

Questions Answered by Advocate Rajeev Shrivastava (25+ answers)

Q: HOW TO COMPUTE NOTICE PERIOD IN CIVIL CASES

I am a Govt contractor. The Engineer issued a notice of show cause on 16.07.2019 give to reply within seven days. The notice was scanned and posted on my email. I acknowledged also on the same day. When the notice period ends. More specific when day one is counted? Provide reference also to quote.

Advocate Rajeev Shrivastava answered
you are a government contractor we received notice on dated 16 July 2019 you had acknowledge the same meaning thereby you receive the notice on very same date that is 16 July 2019 hence the notice of period ends for 7 days i.e 22/7 if there's any technical ground which requires more time to collect the information you should inform them for more time for reply the same moreover in general 2 week times are given to reply the same but your case is of 16/7/19 at this stage there's delay

Q: NCLT IBC Proceedings - Can Buyer dispute Liabilities at Payment Stage

In IBC proceedings for Debt Recovery, can the "Buyer & Debtor", challange / dispute the Debts in the name of Quality, Deficiency, Verification etc. even after 120 days of Service Delivery and nearly 45 days of Supplier's Invoice submission (in which some Part Payments are also done), especially when "Buyer" has even received Payments from 'main Client' (Govt Agency) for the Services delivered by "Supplier".

Advocate Rajeev Shrivastava answered
IBC proceeding is not dept recovery it is for winding up of company but it can be used as a tool of recovery debtor can raised the dispute but in case if you have already sent a legal Demand Notice ( opposite party ) in that case it is not effective as per IBC there must be pre- existing dispute moreover if debtor has shown the balance in their books of accounts/ balance sheet the dispute raised by debtor will not effective in your case doctor has already been receive the payment you can file IBC petition before nclt and will get the relief for further enquiries you may talk to me

Q: ROCR are travel expenses mandatory

Hi, I plan to file a ROCR, a friend told me that you will have to give a draft of 11k as travel experiences to your wife. Is that a mandate?

Advocate Rajeev Shrivastava answered
yes if you file rROCR as per Delhi High Court direction you have to pay draft of rupees 11000 it is mandatory moreover in in all the family matters you have to pay 11000 either it is section 9 petition or or any kind of family matter you have to to pay 11000 not for travel expenses but it is mandatory aise legal fees if your wife come from outside coat made grand further conveyance or travelling expenses for your wife which you have to pay on date basis also meaning thereby when she will come to to attend the matter you have to pay but travelling expenses for the same if he comes from far away you have to pay the traveling expenses of her assistance also which depends open the court