Need urgent help
rahul
(Querist) 03 April 2014
This query is : Resolved
employee went absconded with company laptop..we emailed him but he said come and receive from my adv office..he is not coming to retuen assts....we also sent him absconded letter and we also filed complaint in police.
Now he filed a case stating he has been terminated asking salary..he has not added termination letter or any mail in list of documents..we also filed application under order 7 ruule 11 with sec 25 A..
it is pending for arguements..but now he said in court SHO is calling him and harrassing him,pls put stay till proceeding is going..judge said u need to make SHO party and amend suit.
please help what does this mean? can we file 156 (3) to register Fir? Its been 3 MONTHS COMPLAINT HAS BEEN FILED..
or we should carry with this suit?
we dnt hv proof that he has company assests..no documents but we hv mails where he has written come and collect..
please guide dear experst..pleasee
rahul
(Querist) 03 April 2014
sry its 35 A not 25 A
ajay sethi
(Expert) 03 April 2014
company can afford legal fees
rahul
(Querist) 03 April 2014
yes company can but comapny should go or not? what are chances? or else civil suit continue and try to dismiss it or wait fr result
Guest
(Expert) 03 April 2014
Chances about company to go with the court case also depend upon examination of case related documents. Nothing can be said in blind fold. For that purpose you have to consult some expert on service matters personally or through email, as any casual consultation without proper feedback may not serve your purpose. If you feel proper, you may send detailed information at: dcgroup1962@gmail.com
Nadeem Qureshi
(Expert) 03 April 2014
Dear Rahul
there is no criminal matter, he was your employee and you provide the assets to him, now he is not return the same to you so you should file a civil suit for recovery and not criminal case. because the matter is civil nature so police have no power to registered the FIR against him.
read the appointment letter's terms and condition and fight the case on merit.
Company is able to pay consultation fee of a lawyer so it will be better to contact a lawyer.
Feel Free to call
R.K Nanda
(Expert) 03 April 2014
consult local lawyer.
rahul
(Querist) 03 April 2014
thankuu guests specially nadeem sir..sir as i wrote he filed suit for injunction directing us to collect assets and permannet injunction against us to stop him harrassing..we filed reply stating suit nt maintainble as he is not terminated only suspenden attached with written statement..he asked recovery of salary but we filed order 7 rule 1 application as he doesnt filed any termination letter in list of documents..arguements are going to happen.. also asked costs under 35A..
but what to do? plaintiff asked court SHo is harrassing me,calling me to station,i told u hv assests , he is not harrassing..judge asked him i cant pass aorder to put stay on SHo to call u in station..u need to make him party SHO..
MY ONLY QUESTION IS NADEEM IS SHOULD I TAKE STEP OR KEEP CONTINUE WITH CASE GOING AND TELL JUDGE IN ARUEMNTS TO DISMISS CASE..ANY NEED TO FILE SEPRATE CIVIL OR CRIMINAL CASE?
PLEASE NADEEM SIR ADVICE ON LAST QUESTION SPECIALLY..THANKUU
Nadeem Qureshi
(Expert) 03 April 2014
Dear Rahul
fight the case on merit, argue the matter on your application under Order 7 Rule 11 of CPC.
he has no cause of action and he is not come to the court with clean hand so he is not entitle to get any relief from the court and due to these reasons the matter should be dismissed.
Company should file a recovery suit against him before civil court for recover the assets.
Feel Free to Call
rahul
(Querist) 03 April 2014
Mr nadeem,thankuu so much..yes i try to dismiss case when arguements happen..
i beg please answer me that while doing arguements in application under section 35A cpc with order 7 rule 11 application i say judge to dismiss case on merit and put costs under 35A but can i also say to direct them to come and submit assests in office?
or else should i file a seprate case? recovery suit order 37? its only a laptop and some documents,so should i mention amount or only recovery for assests?
please guide best way..i begg u Mr Nadeem
Devajyoti Barman
(Expert) 03 April 2014
The plaint would not be rejected in this context.
You have to file case u/s 406 IPC ot get relief.
