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Rahul R Pandit (Self employee)     01 October 2013

Money Recovery from Company

Hello, I want to know whether I can file a recovery suit against a company. I am into shipping industry. My bosiet certificate was in the possession of the company. I left the company but the company refuse to handover my certificate. As I was jobless I joined a new company. They demanded me for bosiet certificate which was in possession of my old company. The old company flatly refused to return it back. Issued a legal notice to the old company to handover my certificate within 7 days but the did not return it. As I was in need of the certificate for new job I took the course again and obtained a new certificate for which I spend lot of money. Can I claim the money which incurred to me to obtain the certificate. How to recovery the money.....?


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 October 2013

You should have initiated legal action immediately when your company refused to return the certificate despite serving them with legal notice by filing a suit claiming damages due to the company's refusal.  I believe that you are barred by limitation, however, file a suit and wait for the court's decision about taking the case on file or not.

Daksh (Student)     01 October 2013

Dear Rahul,

I agree with the viewpoint of Mr.Kalaiselvan Advocate and would like to clarify that the issue of limitation can only be known from date of initial cause of action which in your case is not known as you have not mentioned the time period.  For civil cases the limitation period usually is three years hope this period is covered and along with the damages you are within your right to ask for Advocate fee, Litigation expenses as well.

Best regards


Daksh

Rahul R Pandit (Self employee)     02 October 2013

Thanks for the reply. No the matter is barred by limitation. It happened in the m

Rahul R Pandit (Self employee)     02 October 2013

Thanks for the reply. No, the matter is not barred by limitation. It happened in the month of April 2013. What suit should I file against the company....? Really appreciate for the expert advice.

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