Intellectual and non compete agreement

SIA............... (Querist) 26 July 2013 This query is : Resolved
Hi Experts ,

My last employment was a fashion designer in an export house and i was handling international clients accounts and was also send abroad to meet them .

However at time of my appointment i was not asked to sign any non-compete or intellectual agreement , but later when i was asked to travel I had to sign the documents .

the agreement is made on company letter head and not on a stamp paper .

also it does not have any sign of witness and also it states that this agreement will be come into affect from 2008 that was my joining date but was signed in 2011 that when i was asked to travel .

In this agreement , it states that i cannot open my own business ever nor i can contact the same client ever in my life .

It also bounds me to take up new job for six months .

I want to know if can i open my own company and if the ex employee can file a case against me on breaching the contract .

Also as my research most of these contract are time bound but my contract does not mention any time period for opening my own company , it only says i can take up new job only after six months from official notice and can never ever open my own biz .

Also the contract say its bounded on my heirs and legal assignes too .

Pls advice .

many thanks in advacne .
S

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prabhakar singh (Expert) 26 July 2013
An agreement in restraint of trade is void under Indian contract Act but some reasonable restriction can be agreed.
TERM BELOW Of AGREEMENT IS VOID :
"In this agreement , it states that i cannot open my own business ever nor i can contact the same client ever in my life ."

BUT NOT THE TERM BELOW:
"It also bounds me NOT to take up new job for six months ."

YOU CAN OPEN YOUR COMPANY.

SIA............... (Querist) 26 July 2013
Thank you sir for your helping me out with it .

best regards
s

prabhakar singh (Expert) 26 July 2013
You are most welcome.!

Your heading of query was the culprit for late reply.

R.K Nanda

(Expert) 26 July 2013
no more to add.

Guest (Expert) 26 July 2013
Agreed with Prbhakar ji.

Rajendra K Goyal (Expert) 26 July 2013
Agreed with prabhakar singh ji. Nothing more to add.

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