Determination of court fees for permanent injunction
uyfamess
(Querist) 11 October 2014
This query is : Resolved
To Respected Experts,
I am running trading business in India. Indian.
I wish to proceed against Canada Company by invoking provisions of Section 88 of Indian trusts act.
For this, I wish to obtain permanent injunction from Indian Courts restraining the Canada Company from doing business all over India, until they provide relief to me.
1. Whether is it possible?
2. I wish to know the Court fees for permanent injunction I shall need to pay if I claim Rs 1 Crore relief.
3. As also, jurisdiction where (relevant Court) should I file the case? I stay in Tamil nadu.
Looking forward to hear from you.
Anirudh
(Expert) 11 October 2014
You have to first explain how Section 88 of the Trusts Act is applicable in your case.
How are you connected with the Canadian Company?
What did the Canadian Company do, which entitles to file the proposed case?
uyfamess
(Querist) 12 October 2014
Dear Sir,
Thank you.
Canada Company appointed me as their agent for India.
But, are doing business with Companies secretly behind my back, which initial business I introduced and procured for them.
Businesses are largescale, can run into millions of Dollars, and can run for several years.
Canada Company being in fiduciary capacity, breached their fiduciary duties.
Looking forward to hear from you.
Anirudh
(Expert) 12 October 2014
You have to show your agreement papers to a Commercial lawyer and discuss things with him before proceeding any further. This is because, any wrong step/action by you will go against you and that will be an escape route for the opposite party.
More over, in your case Section 88 of the Trust Act has no application.
Rajendra K Goyal
(Expert) 12 October 2014
Consult lawyer dealing in international trade and contracts.
ajay sethi
(Expert) 12 October 2014
commercial query . you can easily afford legal fees
Dr J C Vashista
(Expert) 12 October 2014
Commercial query, engage a prudent local lawyer.
uyfamess
(Querist) 16 October 2014
Thank you.
For Mr Ajay Sethi,
Respected Sir,
My points of view please:
SC has ruled in various instances that Company is a Fiduciary. Canada Company gave me undertaking that their business with my introductions will always be via me.
They breached this undertaking and profiting for themselves.
Hence I am of the view that such profits are illegal and to be disgorged from them for my account.
Hence application of section 88 of Indian trusts act.
2. For example, a Lawyer introduces me to a Senior Lawyer. I give a guarantee to introducer Lawyer that I will pay him a share after I win Case.
After I win, If I dont pay him and I breach my promise, do I not breach my fiduciary duties?
3. Example two: I share confidential information with you on your assurance that after using such information and profiting, you will pay me a share.
If you dont pay me my share, and use my confidential information to profit for only yourself and ignoring me, does it not mean breach of foduciary duties?
4. I am not rich. So I wish to know the approx Court fees to get an idea of funds I need to have, (apart from Lawyer fees), to obtain permanent injunction from Indian Court for Canada Company to stop doing Business in India until they answer me for my 1 Crore claim.
The above are my points of view only and do not mean disrespect for any.
Devajyoti Barman
(Expert) 16 October 2014
You can meet a lawyer and ask his fees and the court fees. For this you need not come here time and again.
T. Kalaiselvan, Advocate
(Expert) 17 October 2014
In the absence of any agreement or contract with the so called Canada Company based on some fictitious idea namely 'fiduciary', you cannot invoke any injunction against the said company. As rightly observed by expert Mr. Anirudh that it affect you adversely if any wrong step/action by you may go against you and that will be an escape route for the opposite party.Once there is no provision for taking the proposed legal action against the company, better look for some alternate action, consult a prudent company law practicing advocate in your locality, discuss the issue at length, take his advise and decide further course of action in a proper way.
