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Rajat (ABC)     14 August 2013

Breach of contract case by employer-f&f settlement delayed

Dear Sirs,
I used to work with a MNC company in a very senior capacity. I was given an exit clause as per which I was supposed to be given a huge sum as a Full and Final settlement in writing. The company is not respecting that letter. I also sent a notice through a lawyer on the same, but no response from the CEO as the legal head of the company might be advising him not to respond. Now I have decided to file a Civil suit against the CEO and the company claiming my F&F as per letter. Can I request the esteemed lawyer members of the forum...
1.Can I go and file the civil lawsuit of " Breach of contract ?
2. With above given background what are my chances of winning the case ?
3.I was told to file a case I need to pay 10-12% of claim amount as stamp duty upfront. Is this correct ?As the stampduty will run into lakhs, can somebody suggest an alternative as I'm not in a position to fill such an amount.
I will be really grateful if the experts can guide me on this



Learning

 5 Replies

dr g balakrishnan (advocate/counsel supreme court)     15 August 2013

SIR,

You send again properly drated legal notice that can elicit any reply. Drating a Notice is indeed an art and so too a science. There are several 1000s routes depending on a matter like a breach in contract. that is why very good Notice draters charge high charges but people do not realize. Beore a Notice is drated, the dratsman incubates the issue or some time, may be a day or two or more and he will will not give Notice instantaneously bhy downloading in his computer or otherwise.

Your issue is solvable.

You need not pay so much stamp duties too once you can know the art o as how to tackle. Most o us make unprepared writing that complicates issues.

Eg. There was a breach o agreement on LOC - Line o control on our borders by killing our 5 soldiers. What we did we just reacted and complicated the issue, you need to ponder over on the terms o agreement you signed with pakistan on LOC in J&K. Opposition reacted so too ruling party what is happening. Millions o words are rolling out in media both in India and in Pakistan complicating more and more to a level og dead ends and deadlocks, may lead to unnecessary conlicts really very sensibly avoidable.

Similarly you could have seen on right to inormation that sparked o when Chie inormation Commissioner told all parties to render all inormation to inquirer under Act. Instead o rolling out necessary inormation govt moved with thoughts like modiying RTI Act or even trying to seek Supreme court to review its own decision in the matter. what it shows simple issue og inormation went to a lashpoint.

that way MPs/MLAs when accused cannot contest elections Supreme court ruled as no MP or MLA is superior to any citizen under Art 14. Govt mulled over a constitutional amendment to exempt MPs/MLAs when convicted or accused, not realizing when amendment passed that could be struck down by honorable SC. then the moved a revision seeking 5 member bench. When you cooly think you will know how the parliament wasted its time in these issues at the cost o tax payers moneys.

Cooly think why at all MP/MLA need to be exempted in this respect ig done by any law, that will make all citizens with criminal intent may tackle issueslike your CEO is thinking on contract.

MP/MLA are also under contract liability to voters is it not and when given exemption why not normal criminals move supreme court to exempt them too as they stole or cheated or killed or committed crimes to promote their issues o poverty. can court say MP/MLA is a special born person like great God and so you cannot get exemption?

See when MP/MLA accused/convicted when ontesting elections why voter need to vote him will be a question beore him in a democracy. When voter is aggrandised he will never turn to voting booth at all is it not. How the representing parties can invade voters houses? So common sence is vital that is why it is said common sence is uncommon said rijit Copra! 

So it is vital any issue needs to be tackled cooly.

All what i cited are a breach o contract matters internationally or internally.

that will give you an idea in your matter what you need to do!

1 Like

Kolla Gangadhar (Practicing Advocate since 1986)     15 August 2013

As per Final Settlement Agreement which is in writing you have to get huge amount is not paid by MNC. You have already issued legal notice but no response from MNC. You have to pay court Fee as per schedule you can check up yourself which state you have to file. 

dr g balakrishnan (advocate/counsel supreme court)     15 August 2013

you better issue well drated notice then move a criminal case under sec 17 og contract Act  raud when MNC does breach contract.

Rajat (ABC)     15 August 2013

Dear Respected Lawyers,

Thanks for the response and encouraging words.

The matter is in the State of Maharashtra. Could somebody throw some light on the total court fees including the stamp duty. Is there any slab for that. What could be the maximum fees.If someone can advise with specific slab and give an idea, it will help me make up my mind for the next steps

Kumar Doab (FIN)     16 August 2013

 

Heartiest appreciations to Dr. G. Balakrishnan, and his valuable comments:

 

“Drating a Notice is indeed an art and so too a science.”

“he will will not give Notice instantaneously bhy downloading in his computer or otherwise.

 

The community of employees must read between the lines and understand the importance……………………………………………


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