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RSH (NA)     16 April 2013

Compromise offer. accept it or fight back?

 

Hello Experts

 

1. In 2011 My Ex-Employer initiatied Arbitration proceedings as I started my own company in competition to them. 

 

2. Claiming 15 lakhs on breaking the employment bond. Clause - Sole Arbitrator appointed by them as written in Contract. The Contract which is hit by "Section 72 of Contract Act', Restriction of Trade etc...

 

3. During Cross examination all their false accusation falle flat and found without any evidence, as I provided them all the Email communication which suggests amicable resignation and False claims by them. (they were not expecting me to keep all the records)

 

4. My Cross examination by them is till pending for 6 months now and they are not looking intersted.

 

Once day their Lawyer calls me (on Phone) and  offer me to compromise and finish the case if I pay 'him' 1,00,000/- 

 

I know their claims are without any proof. 

 

HENCE, my query is - Should I file the case in court if he still pass the award against me (ignoring the settled law) OR pay him..?

 

Your suggestions/advice/guidence Please!

 

Best

RSH



Learning

 2 Replies

Kumar Doab (FIN)     18 April 2013

 

Your lawyer who is counseling you, has seen all record, and knows the merits is best placed to advice.

Generically speaking if you have found no merit in the claim and case of the company; you may stand firm and decline to pay or ask this lawyer to send his contentions in writing that company is willing to settle the matter forever for Rs 1 lac.

May be the amount in question is the lawyer’s fee which company may not be paying and he is trying to extract from you.

Apply your judgment and let your lawyer’s opinion be final on it.

Sudhir Kumar, Advocate (Advocate)     21 April 2013

claiming 5 lakh and not askin one lakh at this stage they seem to have seen futility of the case.


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