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Contract

(Querist) 19 April 2012 This query is : Resolved 
Sir
One Indian signed agreement with the

"PUBLISHAMERICA" http://www.publishamerica.com/

PublishAmerica LLLP P.O. Box 151 Frederick, MD 21705 (301) 695-1707

and publishe one Book by name "The Spirit of Nature" published in America

Contract author is an Indian

According to contract upon selling the 4000 books published book i.e., "The Spirit of Nature" the author get 25% royalty

The Book is published and the book is selling all India and over world. But the author not received a single praise from the publisher . The Book is printed in 3rd printing. Even though the author not received any thing while in E-mail correspondence the publisher saying there is no sales. But while we try through internet buying it comes no stock now we will supply soon.

Now i want clarification that how i can get money from the publisher

where i can file a civil case

how to i can make correspondence notices to the publisher

how can i succeed in this issue



Devajyoti Barman (Expert) 19 April 2012
The agreement needs to be seen first.

If there is no ouster of Indian jurisdiction in the agreement you can file both civil and criminal case in India having territorial jurisdiction over the subject matter of dispute.
ajay sethi (Expert) 19 April 2012
issue notice to publisher . what are terms and condition of agreement as to jurisdiction?

does it mention that in vent of any dsiputes it shall be subject to jurisdcition of court at india or america .

you will have to after issue of legal notice file suit in court wherein jurisdcition has been conferred
Deepak Nair (Expert) 19 April 2012
You need to issue a notice to the publisher as advised above.
What is the jurisdiction memntioned in the agreement?? If it is USA, then you you should file a suit in USA. If India or in absence of any jurisdiction clause, then you can file a suit in India.
You are correctly guided by Mr.Sethi.
Raj Kumar Makkad (Expert) 20 April 2012
I have also similar opinion as expressed above.
V R SHROFF (Expert) 20 April 2012
Agreed with experts.
Issue notice , claiming you already sold over 400 books, and you are entitled to 25% royalty, that is not paid to yo.

Get his reply, Let him deny, and you have to produce proof of his sale,
Shonee Kapoor (Expert) 20 April 2012
Issue notice

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
shivam...... (Expert) 20 April 2012
agree with Mr shroff...
M V Gupta (Expert) 20 April 2012
In case of international contracts like this one, written agreement is very important. You have not stated whether any agreement setting out all terms and conditions for publication, mode of payment of royalty, jurisdiction for settlement of disputes, arbitration etc. has been executed. If not the legal action should be taken at the place and within the jurisdiction of the country where the contract is made. As suggested by the experts issue a notice demanding payment of the royalties and for this purpose you have to have the details of sales made by the foreign publisher.
GANGO PADHYAYA (Querist) 21 April 2012
Sir

In suppose i sent a legal notice then a reply denied allegation

suit field in India

How can i recovery the amount during execution proceedings

is there any various Govt. Departments from India

ajay sethi (Expert) 21 April 2012
for filing suit in india courts must have jurisdiction . if court have jurisdcition then only will suit be netertained .

if you get a decree you have to make an application for execution for attachement of property situated within jurisdcition of court . if no payment made then sale of property


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