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Q. Legal demand notice

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Sadam

posted 3 months ago

Q.Legal demand notice
Dear Sir,


I got the below mail from my previous employer. I don't know how to respond them.


Kindly guide me.


Under instructions from and on behalf of our client, Cinntra Infotech Solutions Pvt. Ltd., having its registered office at 203, S.G,Alpha Tower-1, Sec-9, Vasundhra, Ghaziabad-201012 we hereby address you with the present legal notice as under:-



1. Our Client is a renowned software development and services company, which enjoy an impeccable reputation and goodwill and is engaged inter-alia, IT and social sector software space, as well as supporting International clients of repute.



2. You the addressee approached our client in the month of April 2019 and offered you candidature for providing your services to our Client. It was represented to our Client that you are very hard working and hold the expertise of a skilled professional.



3. Based upon your eloquent representation, our Client considered your request and agreed to appoint you the as “Software Engineer” on probation basis and an offer letter was issued to you on 17.05.2019, along with the Employment Agreement attached as Annexure-B.





4. Pursuant to the aforesaid agreement, You, the addressee have agreed to comply with each and every term and condition of your employment and had ensured to work for Our Client to the best of your Capabilities.



5. It is pertinent to mention that as per clause 7 of the Employment agreement, you, the addressee was prohibited to install, download, copy, duplicate any unauthorized or unlicensed software programs on to your computer systems, this was not followed by you and unauthorized files were found on your system, which accounts for breach of employment agreement.





6. It is submitted that security is an important aspect of our Client’s company infrastructure, and you were not allowed to take company property outside company premises without proper authorization, you are also accountable for data theft of an important set of confidential data is missing from the office premises.



7. It is stated that you were assigned on secondment to at one of our prestigious Client’s office namely Landmark Group at Bangalore where you were obligated to perform your official duty. It is submitted that you unequivocally assured our Client that you shall discharge your official duty with utmost sincerity and ethically.



8. It is stated that on 17.06.2019 Our Client was astonished to learn you absented yourself and failed to report to official duty without any prior intimation to our Client. It is stated that your aforesaid absent adversely impacted the services of our Client that caused serious damage to our Client reputation and huge monetary losses.





9. It is stated that due to the abrupt cessation of services and due to your acts and omissions, the project that was assigned to you has been completely jeopardized and our Client has been exposed to huge financial losses that are clearly attributed to you. Our Client reserve its right to claim the actual losses in this regard.





10. It is further submitted that the above abrupt cessation of employment is in violation of Clause 3 of the Agreement that clearly provides 30 day notice while under probation and 90 day notice post completion of probation period (6 months). Clauses 3 (a) and (b) of the agreement is reproduced herein as follows for your ease:



“you will be under probation period for 6 Months. During the probation period either party can terminate this employment by serving a notice of 30 days. Your employment would stand confirmed after 6 months if not communicated otherwise in writing for any extension of probation period”

&



“either party can terminate this employment by serving a notice period of 90 days post completion of 6 months”



11. Further our Client has a reason to believe that you have misused or intend to misuse the confidential information for which our Client reserve its right to get the formal investigation done and claim appropriate damages.





12. By way of this notice, you, the Addressee, are hereby called upon to either return to your official duty or to pay the amount of Rs.37,500/- in lieu of notice period salary within seven days from receipt of this notice failing which our Client shall be constrained to institute appropriate legal proceedings, both civil and criminal in nature, against you, the Addressee, which shall be entirely at your own cost, risk and consequence.



13. Furthermore, kindly note, that the action initiated by Our Client in this regard, is without prejudice to any other remedy available to our Client.



Copy of this notice is retained in our office for future reference.

Please do not provide your contact details here. We share your contact details on demand from the client.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Sir,
The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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A. ) Send a legal notice to them.
Contact me and I shall help you.
Thanks

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 months ago

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A. ) approach any prominent lawyer (online/offline) and send reply of the notice to avoid any future legal complications

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Gyan Prakash

Experience: 11 Year(s)

Responded 3 months ago

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A. ) What was the notice period as per your appointment letter? Just reply to the company that you left the company due to mental torture and unethical pressures by senior and already co knows this so you shall be asking compensation from them rather they shall be asking you.
Regards
Adv. Gyan

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Sadam

Replied 3 months ago

30 days notice period as per my employment

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 3 months ago

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A. ) Take a copy of the legal notice to a lawyer and request him/her to prepare a reply to this legal notice. It is a specific ask on this matter wherein you have to reply to each and every point mentioned here and that can be done by a lawyer on his letter head under his signature.

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Sadam

Replied 3 months ago

Sir,



Q. Legal demand notice
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Sadam

posted 3 hours ago

IT Contracts
Dear Sir,


I got the below mail from my previous employer. I don't know how to respond them.


Kindly guide me.


Under instructions from and on behalf of our client, Cinntra Infotech Solutions Pvt. Ltd., having its registered office at 203, S.G,Alpha Tower-1, Sec-9, Vasundhra, Ghaziabad-201012 we hereby address you with the present legal notice as under:-



1. Our Client is a renowned software development and services company, which enjoy an impeccable reputation and goodwill and is engaged inter-alia, IT and social sector software space, as well as supporting International clients of repute.



2. You the addressee approached our client in the month of April 2019 and offered you candidature for providing your services to our Client. It was represented to our Client that you are very hard working and hold the expertise of a skilled professional.



3. Based upon your eloquent representation, our Client considered your request and agreed to appoint you the as “Software Engineer” on probation basis and an offer letter was issued to you on 17.05.2019, along with the Employment Agreement attached as Annexure-B.





4. Pursuant to the aforesaid agreement, You, the addressee have agreed to comply with each and every term and condition of your employment and had ensured to work for Our Client to the best of your Capabilities.



5. It is pertinent to mention that as per clause 7 of the Employment agreement, you, the addressee was prohibited to install, download, copy, duplicate any unauthorized or unlicensed software programs on to your computer systems, this was not followed by you and unauthorized files were found on your system, which accounts for breach of employment agreement.





6. It is submitted that security is an important aspect of our Client’s company infrastructure, and you were not allowed to take company property outside company premises without proper authorization, you are also accountable for data theft of an important set of confidential data is missing from the office premises.



7. It is stated that you were assigned on secondment to at one of our prestigious Client’s office namely Landmark Group at Bangalore where you were obligated to perform your official duty. It is submitted that you unequivocally assured our Client that you shall discharge your official duty with utmost sincerity and ethically.



8. It is stated that on 17.06.2019 Our Client was astonished to learn you absented yourself and failed to report to official duty without any prior intimation to our Client. It is stated that your aforesaid absent adversely impacted the services of our Client that caused serious damage to our Client reputation and huge monetary losses.





9. It is stated that due to the abrupt cessation of services and due to your acts and omissions, the project that was assigned to you has been completely jeopardized and our Client has been exposed to huge financial losses that are clearly attributed to you. Our Client reserve its right to claim the actual losses in this regard.





10. It is further submitted that the above abrupt cessation of employment is in violation of Clause 3 of the Agreement that clearly provides 30 day notice while under probation and 90 day notice post completion of probation period (6 months). Clauses 3 (a) and (b) of the agreement is reproduced herein as follows for your ease:



“you will be under probation period for 6 Months. During the probation period either party can terminate this employment by serving a notice of 30 days. Your employment would stand confirmed after 6 months if not communicated otherwise in writing for any extension of probation period”

&



“either party can terminate this employment by serving a notice period of 90 days post completion of 6 months”



11. Further our Client has a reason to believe that you have misused or intend to misuse the confidential information for which our Client reserve its right to get the formal investigation done and claim appropriate damages.





12. By way of this notice, you, the Addressee, are hereby called upon to either return to your official duty or to pay the amount of Rs.37,500/- in lieu of notice period salary within seven days from receipt of this notice failing which our Client shall be constrained to institute appropriate legal proceedings, both civil and criminal in nature, against you, the Addressee, which shall be entirely at your own cost, risk and consequence.


This s the points are threatening me alot because once start reply through lawyer if they will file civil or criminal case on me.

Is it affects my career?

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Sadam

Replied 3 months ago

By way of this notice, you, the Addressee, are hereby called upon to either return to your official duty or to pay the amount of Rs.37,500/- in lieu of notice period salary within seven days from receipt of this notice failing which our Client shall be constrained to institute appropriate legal proceedings, both civil and criminal in nature, against you, the Addressee, which shall be entirely at your own cost, risk and consequence. This s the points are threatening me alot because once start reply through lawyer if they will file civil or criminal case on me. Is it affects my career?

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Abhimanyu Shandilya

Experience: 14 Year(s)

Replied 3 months ago

They can file a case even without a reply. Do you want me to prepare your reply? If yes then you contact me and that will be paid service

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Sadam

Replied 3 months ago

May I get contact no pls

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