• Against a summon sent to me by an IT company to me

Dear Experts,
If some one can attend my question and help me inthis matter.

I joined and left an Indian IT company in Hyderbad within 2 days. I joined the company during May 2012 and left during same month and within 2 days by informing them through my personal Email and explaining my urgency and personal reasons via Phone and email.

During joining there I signed all the contaract of employement letter as per thier norms as per their standard. They are CMM5 level company.

Now, I recived first a letter 'Legal Notice' from lawyer of the company by asking the money for settlement and I responded to them by sending the asked amount via DD by courier. Called via phone and got acknowlegement via phone from them.

Further, I did not keep any track as well no proof of payment I can found as send it through DD and missed the copy of it. Now all of a sudden we recieved a letter of Summon from court and to appear on next 30th Dec which next 7 days to the court in Hyderabad.
I am totally clueless and scared as I have no idea on this matter at all. 
I am looking for a help from expert out here.

Best Regards
Asked 12 months ago in Business Law from United Arab Emirates
1) engage a local lawyer to appear on your behalf 

2) collect copy of the suit filed against you and prepare a detailed reply denying the allegations made 

3) enclose proof of payment made in reply to legal notice 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. You acted in a cavalier manner. Resignation ought to have been tendered in accordance with the contract which had been executed between you and the employer.

2. It seems that the ex employer has either filed a criminal case or lawsuit for damages on account of breach of contract against you. You should engage a lawyer in India to defend you in the court, failing which an adverse order could be passed against you by the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
If you have received the summons from court, you should attend the court and get the copies of the complaint made by the opposite party, engage an advocate and defend yourself on the basis o merits in your side.
You should visit the bank from where you purchased the DD and try to gather some evidence of that and secure it. You can use this documentary evidence in the written statement itself accordingly based on your denial the issues shall be framed and you will have chances for winning the case.
There is nothing o worry to this extent about this, engage a prudent advocate who will take care of all such further issues.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. With the Summons there should have been copy of the application which has been filed by the said Company. have you received the said copy of the application?

2. without perusing the application it is difficult to advise as to what stand you should take now,

3. Do you have copy of the legal notice sent to you based on which you have send the settled amount to the Company?

4. Visit the Bank from where you had made the said DD in favour of the said Company and take a certificate from your Banker certifying that the said DD was made by you which has already been encashed by the said drawee Company,

5. Engage a lawyer and submit your reply contesting whatever has been alleged in the said application against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) we dont know whether company  will with draw suit filed by it or not 

2) it is better you engage a lawyer to appear on your behalf on 30th december in Hyderabad 

3) file detailed reply enclosing proof that payment has been duly made by you in reply to legal notice 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0

1. what if I or my lawyer dont attend the summon notice on given date. The daye written on the summon (civil case) is 30Dec and on 10.30 AM in Hyderabad. 
If you dont attend the court after receiving the summons or not arranged to represent through a lawyer on the date of hearing, then the case will be decided exparte in your absence and upon further deposition of evidence, the court may pas an exparte judgement after which the company may initiate execution proceedings to execute the decree through process of law. 




2. Do I still need to sing the Adalatnama and send scanned copy printed as I have a friend there and he can help me in sending the scan copy
If you are residing in a foreign country, you can send the vakalatnama signed by you and duly attested by a notary public in that country or by an official of Indian consulate/embassy, send the original copy to your advocate who will represent you in the court.
In the meantime since you are left with very short period and may not be able to send the vakalatnama to ensure it reaches your advocate on time, you may ask your advocate to file a memo undertaking to file vakalatnama on your behalf on next hearing, this will ensure that the court will not take any action to set you exparte. 



3. Can my friend appear into the court with allthese proof or do I still need to hire a lawyer in this scenario.
Your friend cannot appear before court to represent until he has a written authorisation letter in the form of a special power of attorney deed in his favor along with a petition under order 3 rule 2 of cpc seeking permission to represent on your behalf.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
My father collected from the Bank the DD copy and confirmation letter from Bank that it is encashed also by the company. I contacted the lawyer earleir during 2013, sent me legal notice on behalf of company. He is saying it is mistakingly company did this so their legal department will respond me within 15 days. 
This is a strong evidence in your favor, do you have proof for the above, if so, secure it and you may use it as documentary evidence to repudiate their claim during trial as well as during final arguments of the case. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. If you or your lawyer do not appear in the court the court will pass ex parte orders against you which can then be executed.

2. What do you mean by 'Adalatnama'?

3. Your friend has no right to appear in the court on your behalf.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. All should attend the on receipt of Summons. If you do not attend the Court, the case filed against you will be decided ex-parte which may go against you when you are not heard,

2. You should execute a Vakalatnama engaging a lawyer to defend yourself in the said case. As per law, you are supposed to execute the Vakalatnama in presence of your Advocate,

3. You should give Power of attorney in favour of your friend. It will be prudent on your part to engage a local lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Business Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
5.0 on 5.0