Legal Question in Civil Rights Law in India

Agreement with Kenian Company

Sir,

I am working as company secretary and legal officer in one Limited company.

Company made agreement with kenia's one company in 1995. The condition was the company (our company) will not sale any goods other then us(kenia's Company) in kenia. But they raised question u breached the agreement and sold good to our (kenian company's) compititor in kenia. On that issue Kenian co. filed suit in kenia and it goes in High Court of kenia, court given decision and raise penalty above 2 crore in INR.

And the all documents and order of decree is send to the PUne court.

- Does it binding on our (Indian) company? can we have to pay penalty?

- There is not any clause about the disputes in agreement.

- Agreement is executed on the letter head of our ( Indian ) Company the there is Sign and Seal of the both company director.

-

Let me knw wht is the wayout for this case to avoid the heavy penalty from the Kenian High court.

I am expecting your kind co-operation to me in the above given matter and expecting early reply on the same.

Thanking You, Sir....!!

Yours,

CS Sanjay


Asked on 7/10/09, 5:21 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Agreement with Kenian Company

in case there is no clause regarding the restraint on selling goods to other competitors in Kenya, the decree can be challenged in kenyan high court itself and pray for setting aside the same. in case they refuse to do that, then file a suit for permanent injunction in india as the decree is violating the law of our country. the kenyan company cannot travel beyond the terms and conditions mentioned in the agreement.

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Answered on 7/10/09, 5:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Agreement with Kenian Company

The matter involves contentious issues requiring perusal of necessary documents. You may want to engage a lawyer for providing you appropriate guidance.

A foreign decree may be binding in India depending upon situations.

However, such a decree may also be challenged if it can be established that the same does not meet parameters provided in CPC.

The lawyer may need to peruse your documents for ascertaining place of jurisdiction for adjudication of disputes between the parties.

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Answered on 7/10/09, 10:51 pm


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