- This topic has 12 replies, 10 voices, and was last updated 1 year, 2 months ago by
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BHi,
As the title suggests, is there any way I can sue an american company from India?
Here is some context:
I was a partner in a service company which had the following structure: The main company was the US company with a subsidiary setup in India. In the subsidiary company, I had 50% ownership. US company had 2 partners, and the Indian subsidiary company had three partners (1 of them being one of the US founders).
I was also the subject matter expert for the services being provided.
The US company was responsible for sales, and I was responsible for the operations and delivery.
I built everything from scratch. I created systems, processes and frameworks that made them a significant amount of money. I also hired and setup the team from scratch.
And now, they have completely removed me from the equation saying they don’t want me (maybe because I asked for a better structure in the company cause the current structure was not feasible).
Now I have a feeling that they are still using the systems I have put in place which is very unique in the industry.
I feel this is unfair, and they should stop doing so and if they choose to continue doing it, I should be fairly compensated.
So, is it a possibility to sue them or its just not worth my time and effort?
Thanks
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HIf you are a shareholder of the company, you can file a petition against the Indian company for oppression & mismanagement before NCLT.
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BThank you. What terms would entitle me to sue them?
Also I was a shareholder in the Indian company so I am guessing I can file a petition?
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HSince you are a shareholder, it would be best to file a petition under Sections 241 & 242 of the Companies Act for oppression & mismanagement. Ensure that you have preserved all relevant Minutes of Board Meetings, communications and other evidence which can be used to substantiate your claims.
Additionally, if the foreign parent company has breached any terms of the agreements entered with you, you could consider initiating appropriate legal proceedings against them in Indian or foreign courts. However, keep in mind that pursuing legal action against foreign entities can be very challenging.
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CDude, you need to go to an actual lawyer and give him all documents pertaining to this, share holder agreement, AOA, any JV agreement… Too many things to consider. Going by the bare minimum facts, you seem to have a decent case of oppression/ mismanagement against the other side, not to mention there may be some breach of contract as well and case for damages/compensation as well.
Have seen many cases like this. At the end parties come to the table to settle.
I am lawyer.
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WWhat are you speaking? I work top US bank . What you do on their system belongs to them no matter how brilliant your invention is . You have already signed papers for it in employment. Nothing belongs to you and they can fire you next day . There are thousands of high performing people building great products for face book , amazon and google everyday from India and yet they get fired or layoff . You think anyone is suing them just because they built some critical feature after lay off?
The maximum you can do is write some negative reviews on glass door , find a better job using your experience and move on
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SYou should consult with the lawyer to determine initially if the Indian courts have personal jurisdiction over the American company.
Then they could determine whether you have any substantive claims against the company and evaluate the merits of them.
Seems like a complex legal issue that you cannot crowd source to social media. If the stakes are high, it would be worth it to pay whatever fee a lawyer charges to do an initial evaluation.
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BLawyer here, to get one thing out of the way, with respect to any work done by you (since this pertains to an Indian subsidiary where you seem to have some ownership), Indian courts as well as the NCLT (Indian) would have jurisdiction.
For everything else, such as whether you have a case against them or not, one would have to read the MoA and AoA of the subsidiary company and get a detailed brief of your engagement as well as termination from the company on the basis of docs.This would be an Indian lawyer’s job, not an American one.
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