Unpaid Dues and closing of Company

Querist : Anonymous (Querist) 02 July 2011 This query is : Resolved
I have a contract with the Company for two years and due to insufficient funds they claim that they have to close the company. I have not been paid for the last two months, my salary being 1.5 Lacs per month, I work as a National Sales Manager. The contract has a three months notice period either ways.They have given nothing in writing but meet me on a weekly basis to give me an up date as they are looking for an Invester. During the last meeting they sais that they are still loking for funds to pay me but if I wish I can go ahead and file a Summary Suit. Do advice as to what steps can be taken moving forward?

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Devajyoti Barman (Expert) 02 July 2011
Summary suit is a good option. You can file criminal case as well.

Querist : Anonymous (Querist) 02 July 2011
Dear Mr. Barman,
Thank you very much for your prompt reply.
My query is that if i file a summary suit or a criminal case against the company, would they in return be able to dissolve the company with out paying the necessary dues. Also what would be the repercussions of a summary suit and which would be preferably - a summary suit or a criminal case?
thank you.
Regards

Devajyoti Barman (Expert) 02 July 2011
The Winding Up has got nothing to do with any pending litigation.

If the winding up has started then you have to apply for adding your name in the list of unsecured creditor and you may be given your share of due by the Official Receiver if anything is left after paying off the debt of secured creditors.

Kirti Kar Tripathi (Expert) 03 July 2011
You can file civil suit for recovery of money including your due salary as well as for amount under your contract for breach of contract. You can claim damages and compensation also in said suit.

Querist : Anonymous (Querist) 03 July 2011
Dear Mr. Barman and Mr. Tripathi,
Thank you for your valuable advise and time. i will keep you posted.

cheers

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