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Business and security

(Querist) 03 August 2012 This query is : Resolved 
respected sirs, good evening.
A has taken agency of mobile phones and given security as rs. 2.5 lacks to the company B and has receive 500 mobile sets. company's main office situated in Calcutta and one office in delhi.A written agreement was entered at ambala and the person who entered on behalf of the company has also left his job and it was agreed between A and B that if A will close down this business, his security will be given back by the company B to A. and now A has close down his business. and company is not comply with the agreement and not ready to refund the security and A has given 2 times written requests to the company B to refund the security but company is trying to ignore the same. now guide please the following quaries:
1. jurisdiction where A can file case/complaint?
2. what case/complaint A can file against the Company B?
3. if A want to sent legal notice or file case/complaint what should be the parties?
4. whether the person who entered on behalf of company and has left the job can become a party?
ajay sethi (Expert) 03 August 2012
does the contract contain a clause as to jurisdiction . in absence of such a clause ambala , calcutta would have jurisdiction .

issue legal notice . contact a local lawyer ask for refund of security deposit .

parties would be A who has taken agency and B the company .

the officer who has signed agreement and left company wont be a party
Raj Kumar Makkad (Expert) 03 August 2012
1. Ambala

2. Civil suit for recovery or specific performance.

3. Company should be inserted as party and not its the then representative.

4. No.
jatin aggarwal1987 (Querist) 04 August 2012
whether a criminal complaint can be file against the company?

whether no other person can be joined as a party any other person who is at this time is the authorized signatory of the company?

whether there is any chance to make party to the person who was entered in the agreement on the behalf of the company at that time? i think we can make the party to that person who entered on behalf of co. what do u say


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