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varun Garg (no)     03 June 2017

Opinion required on business legal agreement

Dear Lawyers

My father aged 65 along with 5 other Partners (some have young age) entered in a franchisee business agreement, with ABC Company of Orissa, (keeping the name confidential) to conduct business for the said company in delhi - ncr region, the agreement took place in january 2017, and as per the agreement all the revenue / money would be generated on the name of ABC Company,all payments are done directly by the clients to ABC, we franhisee have a role to service those clients only, as per the january agreement ABC would render monthly 70% of the revenue and in 30 days shall make the payments, else franchisee would have the right to terminate the agreement and ask for refund of the franchisee fee.

Now, the concern is, in these intial 4-5 Months, ABC company has realized that there is a  huge business potential in Delhi - NCR Region, and asking all 6 partners to SIGN a new agreement - which is TOTALLY ONE SIDED, and have stopped our payments from March to till date and pressuring us to sign the new agreement else our payments would not be released.

Thus I wish to know what all the legal actions we can take agains ABC company, (as per previous agreement we can ask for refund if the payment is delay)., Specifically i want to know:

1) Can we file any kind of blackmailing case against ABC ? as they clearly are.

2) Can we take Stay order on the ABC business for Delhi NCR, in what circumstances can we take a stay order ?

3) The Agrement signed had Stamp of Delhi but written that -  case can be fought in Orissa only, can my father who is senior citizen, challange ABC company from a Delhi Court ?

4) We all 6 partners have spent almost 18-20 lacs in setting up the business, if we break the agreement due to their revised terms and stopped payments, will we be compesaed with our expenses / capital expenses as well?

5) What other legal actions can we take against ABC company ?

 

Many Thanks!

 

 

 

 

 

 

 



Learning

 1 Replies

Ms.Usha Kapoor (CEO)     04 June 2017

yOU FILE AN INJUNCTION SUIT WITHTHAT YOU CAN MAKE abc REFRAIN FROM FORCING YOU TO SIGN  ONESIDED AGREEMENT, REFUND OF YOUR MONEY TO YOU IN CASE OF NOT HONOURING THE AGREEMENT REFRAINING abc FROM bLACK MAILING ETC. SINCE AS PER ORIGINAL AGREEMENT YOU CHOSE ORISSA AS AS LITIGATION OR JURIWDICTION POINT ORISSA COURTS ALONE WILL DECIDE YOUR CASE UNLESS YOU ENTER INTO A NEW CONTRACT TO KEEP DELHI AS COURTS AS jURISDICTION POINT.


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