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Cheques for Franchise Fees drawee name not mentioned
19-Apr-2023 (In Corporate Law)
A Pvt Ltd. Co. XYZ entered into Franchise Agreement with my Co. However they collected Franchise Fees cheques in favour of a Partnership Firm ABC with whom my Co. has no business. Cheque nos and amount were mentioned in Franchise agreement. But Drawee name not mentioned in Franchise Agreement. We have disputes with Franchisor XYZ. Can I dishonour the cheques since they are not issued in Franchise XYZ name and I have no business with ABC Co. in whose name they collected cheques.
Hello with reading your query I am not in position to advise you because there is mixed transaction , the contents of franchisee agreement and your dispute regarding franchisee need to study in detail your documents are required for advise ty
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Adv. Aher Yogesh Mohan
Pune | 100+ Answers
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No you cant do that as the cheques number are mentioned in the Franchaisee Agreement.
Although if there is any dispute between the Franchiase company and your company, you can send them a legal notice notifying them about the stoppage of payment due to the dispute.
Although if there is any dispute between the Franchiase company and your company, you can send them a legal notice notifying them about the stoppage of payment due to the dispute.
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Adv. Abhishek Upadhye
Mumbai | 25+ Answers
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You need to do proper analysis of the contract as there would be some reference of how the cheque would be collected or payment will be made to whom or any appointed agent and so on...a proper contractual terms needs to be analyzed before giving you any advice. If you believe that collection of franchisee fee is not covered under the franchisee agreement then i would suggest issue a legal notice to the company asking them to hold the cheque until clarity been provided. If there is a scope for termination then issue a termination notice and ask them to not deposit the cheque towards franchisee fee in any manner.
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Adv. Rajesh Singh
Mumbai | 25+ Answers
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