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Rights

(Querist) 07 December 2013 This query is : Resolved 
'A' and 'B' sold a certian business to 'C' and agreed not compete with him for certain period . After some time before the expiry of agreed period , they organised a pravite Ltd . Company becomeing the principal share holder and directors and started a similar business . What rights is available to 'C' aganist the Company?

Give us your valubale suggestions.
adv. rajeev ( rajoo ) (Expert) 07 December 2013
It amounts to breach of agreement. C can file a suit for injunction against A & B not to carry the business.
R.K Nanda (Expert) 07 December 2013
academic query.
Rajendra K Goyal (Expert) 07 December 2013
This is a case of breach of agreement,can file a suit for injunction.
J K Agrawal (Expert) 08 December 2013
apart from civil suit for injunction and damages and specific performance of agreement, you can file a criminal case of cheating.

You can take action and complaint under company law also as the object of the company is to cheat you.
prabhakar singh (Expert) 08 December 2013
It is hard to look it as a criminal case.

There would be civil remedy alone by a suit of damages caused due to breach but injunction or specific enforcement of agreement would not be granted by court if damages can be ascertained in monetary terms.
T. Kalaiselvan, Advocate (Expert) 15 December 2013
Breach of agreement. can file a suit for damages because a complaint under the provision of the criminal will not be maintainable.


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