Msme Jurisdiction Clarification

Summary

The jurisdiction for filing an MSME case is typically determined by the location of the registered office, which in this case is Amritsar, despite the head office being in Srinagar. The MSME and GST registrations in Amritsar establish the jurisdiction for legal proceedings. If the banks actions, such as not converting PCL to PSL or not following MSME restructuring policies, have caused financial losses, you may have a strong case for arbitration. Document all communications and seek legal advice to dispute the banks actions effectively. Consider consulting a legal expert for guidance on filing a complaint or pursuing arbitration.

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if office is branch office and head office is in srinagar
In your case, jurisdiction can depend on various factors, including the nature of the legal issue. If the head office is in Srinagar and the branch office is in Amritsar, jurisdiction might be shared or specific to the issue at hand.
What specific legal issue are you dealing with?
if we have to file a case in msme court
For filing a case in the MSME court, the jurisdiction would typically be where the head office is located, which in your case is Srinagar. However, it's always best to consult with a local legal expert to ensure all specifics are considered.
Would you like more detailed information on the MSME filing process?
but our registration of msme and udhyam is of amritsar
The jurisdiction for filing a case in the MSME court is generally determined by the location of the registered office, which in your case is Amritsar. This should hold true even if the head office is in Srinagar.
Would you like more information on how to file a case in the MSME court?
and gst of branch office is also of amritsar
The jurisdiction for filing an MSME case typically follows the location of the MSME registration, which is Amritsar in your situation. Here are some general guidelines for filing an MSME case:
- File the case in the MSME Facilitation Council of the registered office location.
- Ensure all documentation is in order, including MSME and GST registrations.
- Consult with a local legal expert for specific advice.
Do you need more details on the filing process or any specific legal forms required?
means our case will be in amritsar
Yes, based on your MSME and GST registrations being in Amritsar, your case should be filed there. Ensure all relevant documents are in order.
Would you like more details on the specific forms or steps needed to file your case?
if some bills have been made in amritsar office will it also help
Yes, having bills made in the Amritsar office could support your case, as it further establishes the business activities in that jurisdiction.
Would you like guidance on the specific documents you need to file your case?
if we had given confirmed orders of 30cr in four years to bank in restructuring request but it rejected can arbitrator give compensation on it
An arbitrator may consider compensation if you can prove that the bank's rejection of the restructuring request caused financial losses. However, the success of such a claim depends on the specifics of your agreement and the evidence you provide.
Would you like to know more about the arbitration process or possible compensation claims?
yes our business turnover got reduced to almost nil
I'm sorry to hear about your reduced business turnover. For your situation, you might consider the following steps:
- Document Financial Losses: Gather evidence of your financial losses due to the bank's rejection.
- Consult a Legal Expert: Seek advice from a local legal expert on arbitration and compensation claims.
Would you like more information on how to proceed with arbitration?
can arbitrator give percentage of sales as profit expected
An arbitrator can potentially award compensation based on expected profits if you can provide sufficient evidence of the projected sales and the financial impact of the bank's rejection. This will largely depend on the strength of your documentation and the specifics of your case.
Would you like detailed guidance on how to document these financial losses?
we had asked for draw deposit also but bank rejected that also
It seems you have a strong case due to the financial losses and the bank's rejections significantly impacting your business.
One relevant question: Have you already initiated any legal or arbitration proceedings against the bank?
yes trying for arbitration in msefc amritsar
Given your detailed situation and the financial impact on your business, your case looks strong for arbitration.
Key Points to Consider:
- Document all financial losses and rejections.
- Provide evidence of the projected sales and expected profits.
- Consult with a local legal expert for detailed guidance.
Would you like more information on specific documents needed for arbitration?
we gave that also
It sounds like you have a strong case, considering the financial losses and the bank's rejections.
Would you need assistance on how to present your evidence effectively during arbitration?
bank withdraw amounts from personal accounts for recovery
It seems like you have a solid case given the circumstances.
One relevant question: Have you already attempted to dispute the withdrawals from your personal accounts with the bank or through any formal channels?
bank did not follow the msme restructuring policy and went for sarfasai
It appears you have a strong case. The bank's actions might be in violation of the MSME restructuring policy. Here are some steps to consider:
- Review MSME Policy: Ensure you understand the MSME restructuring guidelines.
- Document Evidence: Gather all communication and documentation related to your restructuring request and the bank's response.
- Consult Legal Expert: Seek advice on your specific situation.
Would you like more guidance on disputing the bank's actions under SARFAESI?
we asked bank for waiver of interest in covid as the export buyer was in stress and unable to pay.we warned them
I'm sorry to hear about your situation. Here are some steps you might consider:
- Review Government Guidelines: Check the COVID-* relief measures for MSMEs during the pandemic.
- Document Communication: Keep records of all communications with the bank regarding the waiver request.
- Consult Legal Expert: Seek advice on how to proceed with disputes related to interest waivers and SARFAESI actions.
Would you like more information on disputing the bank's actions or the legal steps you can take?
bank.should have gone for ecgc insurance which it did not
It appears you have a strong case involving multiple issues with the bank's actions, including non-compliance with MSME restructuring policies and SARFAESI. Here are some steps to consider:
- Review MSME and SARFAESI Guidelines: Ensure you understand the policies.
- Document Evidence: Gather all related communication and documentation.
- Seek Legal Advice: Consult a legal expert for specific steps.
Would you like more information on how to proceed with disputing the bank's actions under SARFAESI?
bank did not convert pcl to.psl of its own even when adcode has been generated
It seems you have a strong case regarding the bank's non-compliance with MSME restructuring policies and other issues. To proceed:
- Review MSME restructuring guidelines.
- Document all communication and evidence.
- Consult a legal expert specializing in banking disputes.
Would you like more information on the specific legal steps to dispute the bank's actions?
converting pcl.to psl is duty of bank .is it
Converting PCL (Pre-Shipment Credit in Foreign Currency) to PSL (Post-Shipment Credit in Foreign Currency) is typically the bank's responsibility, especially if an AD code has been generated and all required documents are in place.
Would you like more guidance on the specific steps to take for disputing this issue with the bank?
we have given papers to bank.and it has given brc to us but not converted pcl.to.psl
Since the bank's failure to convert PCL to PSL despite providing the necessary documents and AD code can have significant financial implications, you should consider the following steps:
- Review Banking Guidelines: Understand the policies regarding PCL to PSL conversion.
- Document Evidence: Gather all related communication and evidence.
- Seek Legal Advice: Consult a legal expert specializing in banking disputes.
Would you like more information on how to file a complaint or dispute with the bank?
brc
It sounds like you have a strong case due to multiple issues with the bank's non-compliance. To move forward:
- Review relevant banking and MSME guidelines.
- Collect all documentation of communication and evidence.
- Consult with a legal expert specializing in banking disputes.
Would you like guidance on how to file a formal complaint against the bank?