Foreign Individual Investor on SME in India
How a foreign investor who had invested on a S.M.E. in India, being swindled and cheated by an Indian Employee, can seek legal course to recover his investment from this employee ? This Employee had fallsified ”Power of Attorney”, ”Title Deeds of Porperties” and ”Sale Deeds of Land & Machineries”.
Does this foreign investor should first lodge a compliant with Indian Embassy in his country of residence ?, followed by another Case with Criminal and/or Civil Laws in India ?
Is it better to directly to file a Case in Supreme Court of India, same time file another Case in the State High Court, where the crime was committed by the subject Employee ?
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.
Sudershan Goel
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA
Sureme Court of India
New Delhi, 110001
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.
RAJIV GUPTA
(Cell: +91 9811284735) lawnrajiv@gmail.com
Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts
Delhi, India., 110054
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
Vishwa Arya
Arya & Co.
Lawyers’ Chamber No. 551, New Delhi Courts, Patiala House,
New Delhi, 110001