Legal Question in Business Law in India

Re: Foreign Individual Investor on SME in India

Your facts are insufficient for an appropriate opinion.

One may pursue his civil and criminal remedies based upon breach of agreement(s), if any; and breach of trust, if any.

One may pursue appropriate remedies starting from the court of sub judge / judicial magistrate depending upon the place where cause of action has arisen.

It may be better for you to engage a local counsel to provide proper legal guidance after perusing your documents.

Re: Foreign Individual Investor on SME in India

the foreign investor may take the same recourse of law as is available to the citizen of india. our law doesnt differentiate between citizens and foreigners when it comes to offences such as cheating, criminal breach of trust, fraud, forgery. the investor himself or through his attorney, initiate legal action against the employee and there is no need to contact the embassy or supreme court in this regard. a lawyer needs to be contacted for legal recourse.

Re: Foreign Individual Investor on SME in India

Sir:

You have not mentioned in your question as to how has he falsified the alleged documents.

In any event, your remedies are multifold. The best bet to start with is to file a criminal complaint giving full details of the case with supporting documents incorporating all the allegations with respect to power of attorney and/or title deed of properties and/or the sale deeds of land and machineries. You may incorporate the description of land, properties and machineries with the details of its sellers and how the payments etc were made. Do not forget to include your employer - employee agreement, if any.

Your civil remedy would depend upon how the documents have been falsified. You need to get a declaration with respect to the title deeds, sale deeds etc from the Civil Court of the state keeping in mind the pecuniary jurisdiction of the subject involved. Supreme Court does not have jurisdiction on original side in such matters. Depending upon the pecuniary value the matter will be taken up in the district civil courts or High Court.

You must also give a public notice in the leading newspapers withdrawing his authority/power of attorney so that he may not enter into any further transaction binding you unnecessarily. Sooner it is done better for you.

You must also give him a legal notice terminating his employment and all delegations of powers which you might have given him during the course of employment.

In case of any further question or clarification just write an email giving detail facts so as to refine the opinion, if necessary.

Regards

Vishwa Arya