• Recovery notice by company

I was working in south indian gold loan company . i joined in 2011 
on joining campany execute indemnity cum surity agreement that i am responsible for paying any loss if occured in future and also gave my father suruty supported by my house property.
A ccording to indemnity bond sign by us with company there is arbitration clouse . mean any dispute will be solved by arbitration but arbitration should be in kerela only
 iam posted in ludhiana on dec 2011 during audit one gold packet missing during day timing . campany make responsible me and branch manager for loss as i am the custodian of keys. company file case for misappropation of gold under section 409 and 120b. i face police investigation. and in 2012 i got clear chit from police and police make manager responsible 
after 2012 company send me notice for payment of rs. 500000 and i gave written reply to company to deny payment as i am clear from police and not committed any mistake
in 2014 company send letter for arbitration . but i am not able to go to kerela for that
now on 21/10/2018 after 7 year of this incident company send me a legal notice through his lawyer to pay Rs. 500000 with 24% interest from 23/11/2011 . 
if i will not pay they will file case and attach my property . and recover debt as per indemnity bond
i want advise on following please note we have signed a indemnity bond in which i gave my home property paper
1.	i want to know can company file case against me after 7 year of incident and company lawyer is from kerela can company file case in kerela. 
2.	I think arbitration gave exparty dicision what will i do
3.	Can time limition is applicable in this case as i heard from lawyer that no cliam is entertain after 3 year 
4.	What is limit of time in my case 3 year or 12 year as one lawyer said its 12 year
5.	Once in police case i got clearance how can a company claim such amount from me
6.	How can i safeguard my self 
7.	one lawyer suggest me that i have to file counter case against company. otherwise i have to go kerela for context case can i will do 
8.	if i filed any case can it affect on my currunt job
9.	is my father property is in danger
10.	what case i should be file.


i am very much afraid about my this
sir i am looking for your good advise what will i do i belong to a very poor family and not able to pay that much of amount.
please help me
Asked 4 years ago in Labour

8 answers received in 1 day.

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12 Answers

1) if arbitrator has passed an exparte order it woukd be binding upon you

2) you have not filed any application to set aside award

3) company can take out execution proceedings against you If award has been passed

4) if no legal proceedings have been taken by company till date fir recovery then claim is barred by limitation as no proceedings taken within 3 years

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. The recovery is though barred from limitation and kerela has no jurisdiction.

2. If order in arbitration has been passed same has to be challange before court order needs to be set aside.

3. If recovery notice yes the limitation applies if arbitration award is passed and on that they are recovering then this limitation is not applicable.

.4. for recovery of debts limitation is 3 years.

5.that is only point to contest that you were not responsible for said loss of the company.

6. You can reply to notice., If the award is passed then same need to be challanged.

7. See you can file a case of harassment to claim damages no suit can be filed in Kerala but if the arbitration award is passed in Kerala then same needs to be challange there only.

8. No it will not.

9.As per your facts it is not further meet an Advocate with all document and notice copy to.see real status.

10. Case of harassment can be filed to claim damages, if arbitration award passed then a case to set aside same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been falsely indicated in the case.

Secondly, though you are the custodian of the keys, still if you are not there then how could they file the case.

Thirdly, and after all you have come out clear in that, if they wanted to raise their voice then they would have done them only not now.

Fourthly, and now they can’t file a police complain on the same cause of action as per the well settled principle of law.

For criminal, there is no limitation, but the Samar doesn’t apply on you one.

For civil, limitation depends upon from case to case.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Company can file, you will have to defend the same by saying that the same is barred by law.

2. then the ex parte order can be challenged.

3. yes, that is right

4. 3 year

5. They can, both the proceedings are different, but they have filed it with a huge delay

6. At this stage tender a reply to the legal notice and thereafter lodge a complaint against them for harassment.

7. Yes, that can also be done

8. no

9. no

10. harassment, criminal intimidation

All this can be done after tendering a reply to the legal notice,

Do not worry and take steps immediately.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dar Client,

Demand barred by limitation after 7 years.

Was there any arbitration clause in bind agreement ?

3 years limitation in recovery suit.

3 years

Police investigation is your best defense that other manager is committed misappropriation not you, hence demand illegal.

No jurisdiction of Kerala,

No effect on current job.

Under scanner as same put as security.

No case,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to reply to the legal notice which you received from this Co.

Approach a local lawyer with all the docs so that she/he may draft a reply for you and send it to this company on your behalf.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear client:

1. The recovery is though barred from limitation and kerela has no jurisdiction.

2. If order in arbitration has been passed same has to be challange before court order needs to be set aside.

3. If recovery notice yes the limitation applies if arbitration award is passed and on that they are recovering then this limitation is not applicable.

.4. for recovery of debts limitation is 3 years.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1,The recovery is barred from limitation and kerela has no jurisdiction.

2. If order in arbitration has been passed same has to be challange before court.

3.yes the limitation applies

4. for recovery of debts limitation is 3 years.

5.that is only point to contest that you were not responsible for said loss of the company.

6. You can reply to notice., If the award is passed then same need to be challanged.

7. file a case of harassment to claim damages no suit can be filed in Kerala but if the arbitration award is passed in Kerala then same needs to be challange there only.

8. No it will not.

9.As per your facts it is not further meet an Advocate with all document.

10. Case of harassment can be filed to claim damages.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. You say it is 7 years of the incident, whereas the company has already initiate process for recovery within three years, hence their claim is very much valid and legal.

What about the police case, whether your name was list in the accused list or your name was not their in the FIR?

How did the police give you clean chit, whether they have removed your name from the list of accused even though your name reflected in the complaint given by the company?

Your withheld information cannot fetch you proper opinion and guidance

2. You can file an appeal against the arbitration award.

3. As per your contents it is not barred by limitation

4. If the company initiated legal action for recovery within three years, then it is not affected by clause of limitation.

5. You can answer to certain question raised in the first answer above

6. Discuss with your advocate in person for solutions.

7. You will be wasting time by filing counter claim against the company at this stage

8. It depends

9. Let him dispose the property before the company lays a hand on it.

10. Discuss with your advocate based on the prevailing circumstances

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

The arbitration award need to be challanged appeal needs to be filed . No case cannot be filed in kerela.

Sir you have to challange the award otherwise company shall go for execution of same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you have not filed petition to set aside award within period of 3 months of receipt the award is final and binding on the parties

2) This period of limitation can be further extended by 30 days in cases where the applicant is able to show sufficient cause for delay in filing petition under Section 34.

3) the fact that award was not communicated to you would help your case

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The arbitration award can be challenged in the jurisdictional court in an appeal.

If the copy award has not been received you may wait or watch further developments patiently.

The company my invoke the arbitration clause but whether this will come under arbitral clause or not is to be seen by the nature of case filed.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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