Civil Suite

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved
Dear friends,

Please give me advice on following issues:

one of my friend was kick off from the company without giving any prior written notice and was informed that he is not eligible more in company. he signed a he signed a bond of amount Rs/- 500000.00

now he is out of India.

company file a Civil suit on my friend.

will you please tell me whether court can issue legal suit/civil suit?

and as my friend is not available in India whether it can be served to any of his family member.

when he was working in that company he was receiving 30000.00 around per month and most important thing he was not confirmed and was working as management trainee only.

what remedies he can take or what argument he can give to defend his case.

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Khaleel Ahmed Mohammed (Expert) 03 January 2011
Company can file civil suit as per the service agreement.Notice will be served to the address given by your friend. If not served the same may be published in the local news paper for appearance. If your friend failed to appear before the court , the court will decide the matter exparte.

Raj Kumar Makkad (Expert) 03 January 2011
Court shall issue notice at the address shown in the plaint and if report comes that the defendant is not residing there or this is not a proper address then court shall direct the plaintiff to provide proper address of the defendant and if it is shown of a foreign country then it is upon the defendant to get the service of the summon as per direction of the court as no person can be condemned unheard and service over the family members cannot compensate actual service over the defendant.

So far as grounds of defence are concerned, those are available to your friend. As he has not left the service willfully rather has been thrown out so company cannot claim bond amount and this is the best defence available with your friend.

Guest (Expert) 03 January 2011
i agree with makkad sir

Sachin Bhatia (Expert) 03 January 2011
Company can file civil suit and Court shall issue notice at the address shown in the plaint.

Querist : Anonymous (Querist) 04 January 2011
thank you makkad sir for this prompt reply...

there are few more things which i want to know:

1. as my friend is out of India and not available for case and don't want to involve himself in any hearing procedure whether court can give exparte judgement? if yes than what are the consequences of the same.

2. if friend don't give any address/name of the person than what next step court can take?

3.generally how much time is taken by court in such type of cases?

Thanks,

s.subramanian (Expert) 04 January 2011
If your friend does not receive the summons and appear before the court,it would result in exparte decree against him. If his adress is not known,the court will order paper publication in newspapers after which he will,be called in open court on the hearing date. It may not take much time to finish all these formalities.

Ajay Bansal (Expert) 04 January 2011
Agreed with Raj Kumar Makkad.

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