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sanket   16 November 2016

Need help urgent

Hi,

I was working for 1 IT company where I have sign a bond(Rs.50,000) for 2.5 years and also submitted a cheque with same amount, But after 2 years and 5 months I got my student visa for canada and my study was starting from same month so I talk with the company that I wanted to quit and I am ready to pay 50,000 and they reply to me that you will have to pay 50,000 + 40,000 extra for not serving my notice period,

So I didn't pay anything and quit because the company was already knowing that I am waiting for my visa and even in my yearly review meeting the operations head was asking me questions like how much did you score in IELTS, when you are planning etc, and because of that they didn't assign me in any project in my last 1 months during the job, but still they were asking for 40,000 extra which I was not ready to pay,

So while leaving india I told my family to not accept any document with my name,

Now I am in canada and they are sending notice from advocate which my family member didnt accept saying sanket is not living here and after few days another notice from the Metroplitan megistrate court 27 ahmedabad relatred to "Negotiable Instruments act - 1881" which is again return by my family member saying sanket is not living here anymore, one of my friend was also suffering the same problem and the notice was asking me to present in court in Dec 7 2016,

Can someone please help me how can I fight this battle against my company, I quit the job because of my study otherwise I would have completed 1 more month there as per the BOND,

Totally confused please help me if you can, I am from ahmedabad - Gujarat.

Note : everything written above is 100% true I can prove the same.

regards,
Sanket Joshi



Learning

 18 Replies

YENUGU NIKHIL REDDY   16 November 2016

HI, IN 10TH MEMO MY SURNAME AND MY PARENTS NAME PRINTED INCORRECT. TO CHANGE NAMES IN SSC MEMO WHAT CAN I DO

YENUGU NIKHIL REDDY   16 November 2016

HI, IN 10TH MEMO MY SURNAME AND MY PARENTS NAME PRINTED INCORRECT. TO CHANGE NAMES IN SSC MEMO WHAT CAN I DO

YENUGU NIKHIL REDDY   16 November 2016

HI, IN 10TH MEMO MY SURNAME AND MY PARENTS NAME PRINTED INCORRECT. TO CHANGE NAMES IN SSC MEMO WHAT CAN I DO

Ms.Usha Kapoor (CEO)     16 November 2016

CONTACT YOUR ADVOCATE AND ATTEND THECOURT ON HEARING DAY AND FOLLOW THE INSTRUCTIONS  OF ADVOCATE IN EVERY STEP YOU MAKE.IF YOU  APPRECIATE THIS ANSWER PLEASE CONVEY MY FORUM THANKS BY CLICKING THANKS.

G.L.N. Prasad (Retired employee.)     16 November 2016

I am surprised as to how Negotiable Instruments Act came into picture.  Have you given any cheque to them ?

P. Venu (Advocate)     16 November 2016

Mr. Sanket, it appears that you have not disclosed the complete facts; how come criminal action under NI Act 138. Please disclose the complete facts.

Also, the query lacks clarity; it appears that there are some serious spelling errors. Please correct them.

Anyhow, the Bond cannot be enforced unilaterally. there no harm in receving correspondence addressed. Evading the situation, however uncomfortable is  not the best remedy.

sanket   16 November 2016

@ Mr. P Venu,

Thank you so much for your reply, I have submitted a cheque of 50,000 while signing my bond and that they have tried to cash-in this is how its related to Negotiable Instruments act - 1881,

All I wanted to know is that are they really able to force me to pay 50,000 on the basis of that bond which i break just before 1 month of completion of the bond ?

Kindly provide some guidance and I can prove that everything written in my message is 100% true and this is the complete story I am not hiding anything, I know hiding something can make me in trouble thats why explaining the compete story.

 

I cant come to india leaving my studies in middle so please help me if possible.

 

Regards,

Sanket

sanket   16 November 2016

G.L.N. Prasad

Yes I have submitted a cheque while signing the bond of 50,000 the cheque was same amount of bond which they have demanded,

Please give some guidance about how to deal with this situation as I am in canada and cant come back leaving my studies in between,

Please check my original message I have updated and try to explain everything.

P. Venu (Advocate)     16 November 2016

The Notice may not be from the Court but from an advocate. Please verify. If it is the Notice from the advocate, you can give the reply elaborating the circumstances in which the (undated) cheque was given and how deposit so given does not constitute a legal debt. 

sanket   16 November 2016

Yes sir you are right they send me some notice from the advocate first which no one accepted at my house and then we have received a letter from Metroplitan megistrate court 27 ahmedabad which was also sent back by my family member by saying sanket is not living here, This is the whole scenario. 

P. Venu (Advocate)     17 November 2016

In such a scenerio, the criminal action has been set in motion. You need the advice of the local advocate practising in Ahmedabad. There may not much trouble, immediately,  unless you own any property.

Kumar Doab (FIN)     29 November 2016

You  have posted that:

 

"I was working for 1 IT company where I have sign a bond(Rs.50,000) for 2.5 years and also submitted a cheque with same amount, But after 2 years and 5 months I got my student visa for canada and my study was starting from same month so I talk with the company that I wanted to quit and I am ready to pay 50,000 and they reply to me that you will have to pay 50,000 + 40,000 extra for not serving my notice period,

 

The cheque was for amount ( Rs.50000/-) stated in so called Bond that was signed by you.

Mr.Venu has already advised you to engage a very able counsel.

 

 

 

 

Kumar Doab (FIN)     29 November 2016

Bond/Service Agreement/Liquidated Damages/Security Cheque; Do you have a copy of the so called Bond.......................... and demand for the cheque in writing ( if yes; what is stated in it)......................and acknowledgment of cheque ( if yes; what is stated in it)?

 

 

 

 

Kumar Doab (FIN)     29 November 2016

The said Bond was drafted in lieu of what extra ordinary benefit provided by company say some certified training from some certified Instt?

Do you have copy of notice of resignation/resignation, its acceptance,FnF statement,payment of FnF dues,service certificate,relieving letter,Form16,PF number and a/c slips, NOC/NDC etc etc?

 

What was your designation and nature of duties?

 

Are you a member of employee's/trade unions?

 

 

 

 

 

 


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