Advocate Mansi Airi Gambhir

Questions Answered by Advocate Mansi Airi Gambhir

Q: Can I take a legal action if pharmacy gave me the wrong medicine

I have been given a wrong medicine by the pharmacy yesterday and as a result I have been feeling the side effects as this is an antidepressant even a wrong dose makes me sick. Also I have been charged twice the price of the medicine. What's the step I should be taking now? Thanks

Advocate Mansi Airi Gambhir answered
Ofcourse you can take action. However, what is important here is if you took the medicine after showing prescription and did you get a receipt from the pharmacist. You have a good consumer case. The first step would be to issue a small notice to the pharmacist describing how he has not read the prescription properly and all. Chances are that he will be sacred and may offer you some free of cost products. Else go to consumer court. File a complaint online. Let me know if you need my assistance.

Q: DO I NEED A LICENSE FOR RAISING HENS AND SELLING EGGS?

I have an idea of raising 10 chickens in my house. And then selling the eggs at a lower price than the shops. Do I have to fear the law? Do I need to get any license? Do I need to pay any extortion?

Advocate Mansi Airi Gambhir answered
Yes, you. Can go ahead. As long as you are selling just eggs, it is fine. But if you sell any food item made out of eggs then you may have to seek fssai accreditation. Do seek legal advice when at a later stage you want to hire employees or take space for your operations or have a business model in place where you set up a legal entity and execute contracts with distributors etc...Wish you all the best!

Q: Non-acceptance of resignation by company have to join IES what to do

Sir, I have resigned  on 12.12.2016 due to selection in IES 2016. They have not cleared my resignation yet. sir its been around 5 month pls suggest what to do because they have all my original certificates. As it is needed at the time of IES joining. Thank you

Advocate Mansi Airi Gambhir answered
Hi! Have you done your corporate filings with the ministry of corporate affairs vis-a-vis resignation? Have you out in place your resignation via email or letter and Have you preserved proof of the same? If yes, a notice needs to be sent out. Do let me know if you would like to connect.

Q: Sweat Equity Vs ESOP and perquisite tax implications

Hi, I'm the CTO and late co-founder of a private limited startup. I was promised 5% equity over 4 years. I joined in Oct 2015. 1.25% should have vested by Oct 2016. But no legal documentation done till now. Just 5% equity mentioned in offer letter. Now, I and company want to draft the legal documentation for my shares. Few facts: when I joined the valuation was 20 Cr. Today Valuation is 40 Cr. The valuation comes because there is an investor who has paid at this valuation. questions: (1) Shall I go the ESOP route or Sweat equity route? Pros and Cons? (2) If we go the sweat equity route, so that I have rights in the company, What are the ways to avoid perquisite tax at this stage. (3) If I go the ESOP route, how to protect my rights and can we stretch the exercise date to say 10 years from the date of vesting, irrespective of whether I'm in the company of left after say 4 years. (4) What are industry practice for accelerated vesting in case of Change in Control?

Advocate Mansi Airi Gambhir answered
Hi! You have lot of queries here and I can give you detailed responses by way of a legal opinion. Meanwhile you can read my article on ESOPs online. That should be helpful. Let me know if you would like to connect. In any event, company must have its esop policy in place. 10 years vesting and impact on vesting in case of change in management/ control has to flow from the policy only.

Q: Startup laws for importing products to India and selling it in India

sir i want to start a business in which 1) i will import some products from china/usa/uk, 2) sell cosmetic products made in india under my brand 2a)- (want to register my brandname since i dont have any right now), 3) sell on amazon/flipkart etc online sitesi am getting a shop on rent but the landlord is not the owner as he got this shop on leasebut he does not have proper papers of that shop because of which rental agreement is not possible but he agrees to give noc & affidavit to me for using his shop for any purposeso is this shop eligible for getting vat/tin/cst/ proprietorship/iec code/brand registeration for the above business model.

Advocate Mansi Airi Gambhir answered
You would require advice on the laws governing imports and export of products. Also, we need to see the papers that the landlord has for the shop. Based on your description one cannot comment if the said landlord can, in the first place, issue NOC and allow you to use the space. Would you like to have a quick meeting and we can address your issues.