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Meghna   11 March 2016

Service bond

Sir,

 

I joined a Central PSU seven year back. According to the service bond, I had to serve the organisation for a minimum period of three year. Otherwise I had to refund to the company my salary and other expenses incurred by company during training subject to a maximum of three lakh. As I resigned within six month, company made a claim after two years of 1 lakh rupees with interest  which I did not pay. One of my fried was surety for the service bond.

 

Company sent legal notice sent both to both of  us through her lawyer. After that both of us received court notice. As my fried was living outside India, I hired a lawyer who appeared in the court on my behalf. Court sent reminder notice to my friend. The notice sent though post and through a messenger was not received by my friend as he was not available in India.

 

After several hearing, the company sent information through my lawyer to compromise/ negotiation and told me to deposit principal amount of one lakh without interest which I accepted as per advice of my lawyer. Thereafter I appeared in court in person alongwith my lawyer and signed some court document for compromise (Me, my lawyer and company representative signed the document). I told the company representative that I would be able to deposit money only after six months as i have some other financial burden to discharge. Company representative told me that he would take his management approval and then will call me to sign agreement for payment.

 

Now, I have received call through my lawyer to come in person and sign the compromise document / agreement for depositing one lakh without interest within six month from the date on which I signed document in court requesting for compromise.

I still feel that demand of the company is not ethical and is exploiting my situation.

 

My dilemma is what will happen if I do not sign the compromise document now OR  If I sign the document and do not pay the amount on due date. Will this document be treated as a fresh contract between me and company? Kindly advise sir.



Learning

 3 Replies

Kumar Doab (FIN)     11 March 2016

What is the opinion of your own lawyer?

Meghna   11 March 2016

did not talk to my lawyer on this matter so far. will take up the after obtaining indepedent opinion in the forrum. Pls put some insight on issue. Thanks

Anish Thakur 7018812737 (advocate)     20 March 2016

Signing any document and compromise before any court is binding over you if you are of opinion that you dnt want to pay any amount to cpmany you should signed any document in court however if you are mislead by your lawyer you can raise your this prayer before court but it will depend how you had defend your case in court. Send copy of plaint,ws or any documents attached in court file to my mail id to give you stick advise on your case. feel free to call for any query


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