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Employer not doing full and final settlement

(Querist) 14 August 2013 This query is : Resolved 
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
Devajyoti Barman (Expert) 14 August 2013
1. Yes, certainly.
2.If written undertaking is there then chances are definitely high.
3.Yes, for money suit you have to pay court fees.
There must be a upper limit for court fees . In WB it is maximum Rs 50,000/-.
Devajyoti Barman (Expert) 15 August 2013
It is still left open.
Rajendra K Goyal (Expert) 15 August 2013
1. A Civil law suit can be filed.
2. If clear agreement, chances are bright.
3. Stamp duty has to be paid. It differs State to State. Confirm from your lawyer.
Rajat (Querist) 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
Devajyoti Barman (Expert) 16 August 2013
Someone from Maharashtra may help you as court fees differs from state to state.
Raj Kumar Makkad (Expert) 16 August 2013
Court fee is required to be enquired locally.


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