Case by my ex employer

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
I was working in 'reputed' company in India. I was deputed overseas to work on company's project. As per company policy I was supposed to stay with company till the end of the project after returning from Overseas. they never mentioned any date for the end of project in policy but informed us through email. Also they changed that date for atleast 2 times later (after I left the company).But I left company few days after returning from overseas without informing them. I joined overseas company. Now company has filed a civil suite against me asking for money they have spent on my accommodation and other expenses during my overseas trip. Please note that there was no mention of money in the policy initially. They added the amount halfway through the project. The amount they are asking is overwhelming and I can't pay. They have also included injunction clause restricting me working with any company in Similar Field. I was never trained overseas. I just did the same work as I was doing in India.

Since I am overseas, I am thinking of not attending the civil suite. I understand that in that case the judgement will be given in company's favour. Now my question is if I am overseas, does that judgement affect me in any case? Does they ask for deportation from my present country? Can they issue arrest warrant or something like that for recovery of money. Please note I have few propety in India but not enough for the amount they are claiming. What will be the affect of injunction in case I decide to go back to india after few years? Can they restrict my movement/seiz passport if i go to India? Can they ask my present employer overseas to remove me from work? I am very worried about this case. Can you please give me the guidance?

Thanks.

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adv. rajeev ( rajoo ) (Expert) 19 October 2010
Co., can take the decree against you but to recover the decreetal amount they will have to again go for execution petition. If summons of the suit didn't serve on you then there is chance of dismissal of the suit.

Kirti Kar Tripathi (Expert) 19 October 2010
i agree with Rajeev.

Rajeev kulshreshtha (Expert) 19 October 2010
I also agree

Devajyoti Barman (Expert) 19 October 2010
1. Yes, you will be bound by the decree.
2.No
3. No but your property in India may be attached.
No for rest of your queries.
Without knowing the case in full detail it is difficult to advise further except to defend your case in India.

aman kumar (Expert) 19 October 2010
I also agree

Raj Kumar Makkad (Expert) 19 October 2010
You have nothing to worry. As er procedure, court notice should be delievered to you or should be affixed at your last known address and even if, you are proceeded-ex-parte, a decree can be passed against you, if company succeeds in providing its ex-parte case which can be got executed against you till 12 years. You can get it challenged, immediately on having its knowledge' when you come to India and can stay order against its execution at that time. Such decree is executable only in India and not overseas.

pawan sharma (Expert) 19 October 2010
Agree.

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