Franchisee fees given to a pvt ltd company is deposit u/s

sonavnayak (Querist) 18 June 2018 This query is : Resolved
Franchisee fees given to a PVT LTD COMPANY registered with ROC-MCA can be treated as deposit to a company and under which companies act?
Fees paid as non-refundable franchisee fees for supply of GOODS AND SERVICES. AFTER PAYING OF FEES AND COMPANY FAILS TO SUPPLY GOOD AND SERVICES AS AGREED within 21-days and business not commence.
Can FRANCHISEE fees be treated as advance deposit paid to co. for supply of goods and services under which company act.
And at the last franchisee busniess doesn't commence even after 9-month also due to company fails to suply goods and servies as agrred upon.
If not refunded by company than what action can be taken under which law ot what other action can be taken under companies law

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Guest (Expert) 20 June 2018
Depends upon the conditions of agreement, which you have not mentioned in your query.

sonavnayak (Querist) 21 June 2018
AS company have to supply Goods and service on payment of fees and within 3 weeks company will commence the supply, but company doesn't dupply due to non availbality of license for that state and not right to sale on company own brand name and trade mark approval

krishna mohan (Expert) 03 August 2018
You can demand specific performance and for failure claim compensation including of refund of desposits. You can consult able lawyer specialized on commercial matters for right guidance.

sonavnayak (Querist) 27 April 2019
Arbitration interim award win, but respondent fail to comply with the same, arbitrator inform us to file contempt at high court, can you gave any format for filling of contempt of interim order of arbitrator

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