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Rajesh (engineer)     07 June 2011

(ex)employee liability in disputes betwwen 2 companies

My wife has given honorary services ( a help) for a newly initiated  unregistered company (X) from May to june 2010 headed by a person Mr.Ram .The company (X) executed a part of the design activity for  its client company (Y).The company (Y) in turn is  executing the complete product development activity for its client company (Z).Company (Y) is executing the complete project through several small companies like (X).The new design is  to be registered by company (Z) under Design act 2000.
Mr.Ram and his company (X) has not signed any Non disclosure agreement with his client company(Y).My wife has made official correspondences through her personal mail id with the client company(Y),Also the  owner of the company (X),Mr.Ram has received the payment cheque from company (Y) in my wifes name.

Mr.Ram has send an invoice on june 2nd to his client company(Y),stating that the payment is received in his employee (my wife's)name due to problems with his bank account.Also it is stated that Mr.Ram is the sole owner of company(X) and any disputes related to this project in future should be strictly settled with Mr.Ram only. His client company has approved the invoice and send the acceptance copy by official mail.

Later on June 27th Mr.Ram registered his company under shops and commercial establishments act.He has indicated in the forms submitted to Labour inspector that he has started this company on 02nd Many 2010.

Mr.Ram executed a bond to my wife thanking her honorary services on non-commercial basis.He has stated that she is not a part of any dispute between his company(X) and his client company(Y)and she is no way related with his company from June 5th  of 2010.He has also forwarded the mail ,which contains the approval of his invoice from his client company (Y).In the bond he indicated that after realizing the payment cheque ,he has received full money in cash by my wife.

In case if any clashes between Ram's company(X) and his client company(Y), will my become a part of the disputes?

Also company (Y) is sharing is design data with a number of companies  and individual persons without looking in to the company back ground,without executing  any Non disclosure agreements and without proper care in handling the proprietary design data.
In case of any intellectual property disputes in future how companies like (x) will be affected? Are the employees of small companies like (X)(like my wife) will be affected?

Kindly advice



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