• Issue of non-payment of Omani Company to Indian company

Hi All 

I am business owner and deals in IT training services across globe, we have delivered a corporate training to IEON, Muscat Oman. now they are not paying the training fees agreed, its about USD 8800. 
according to the contract if training is canceled or called off then they will not pay to us but training was successfully conducted and now at the time of payment, they are ignoring calls and emails.
now in order to get my money what should i do. a local indian guy works there as well.
Asked 7 years ago in Business Law

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13 Answers

1. It is a breach of contract for which you can seek legal remedy.

2. refer to the agreement if any to find out whether any arbitration clause is there or whether the jurisdiction is fixed in India or in oman.

3. Depending upon the same you can seek legal remdy.

4. If the company has no presence in india then I would advise you to explore legal recourses in oman only as legal proceeding in india would not cause any difference to them.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) issue legal notice to Omani company to pay your outstanding dues

2) if company fails to pay file suit to recover your money

3) the suit had to be filed as per jurisdiction clause in your contract

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1 Was there a clause for dispute resolution in the agreement?

2. What remedy was prescribed in the said agreement in case default of payment or non compliance of contractual obligation?

3. If there is no such clause then you shall have to take up the matter with the consulate of Oman lodging complaint against the said company.

4. Alternatively, you can file a suit before the Oman Court.

5. If that Indian has executed all those agreements then, you can lodge a police complaint against him in India for defrauding you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1) What is the jurisdiction clause in contract ?

2) If contract mentions that in event of disputes arising between parties would be subject to jurisdiction of courts at Oman suit has to be filed in Oman only

3) We don't know any lawyer in Oman

4) Contract was entered into with Omani company and not the Indian guy .he would not be liable

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

File complaint of cheating, criminal breach of trust against the company and the Indian guy under section 406, 420 of IPC

You can also file civil suit against Omani company in India

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Then lodge complaint of cheating u/s420 IPC and hope that the Police would find him out and proesecute him.

There seems to be no other way out.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. Since there is no jurisdiction clause in the contract you are free to file the civil suit for recovery in India. However, as the company is based out of India it will be an uphill task to serve the summons on it. It may not accept summons at all.

2. Unless the company has an office in India you should be filing the case in Oman.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The remedy is only under the civil law, no criminal case is made out.

2. Consult an Indian lawyer with complete case papers.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If he is from Chandigarh and has done all the acts for and on behalf of the Oman Company, then at this stage, you should lodge a police complaint against him bringing the charge of cheating and committing fraud on you.

2. Engage a local detective agency to find out his address and passport umber after which lodge the polie complaint.

3. If police fails to register FIR, file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR and proceed as per law.

4. While lodging police complaint, you won't have to cite section of IPC. You should just detail the facts and the police will put the sections in the FIR accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You have been advised to lodge police complaint against him personally and ensure that te said complaint is registered as FIR by the police as advised in my earlier post.

2. Since his family leaves in India it will not be difficult for you to find out through detective agency as to what is his address in India and/or when is he coming to India next.

3. After collecting the above information, arrange to file register the FIR as advised in my earlier post and ensure that he gets arrested o arrival at India and starts thinking about repaying your dues at the earliest.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You have to visit your contract agreement and the conditions thereon. You may find the clauses in it for the procedure to initiate action agaisnt defaults or breach of conditions or the arbitral conditions including jurisdictions.

You may first issue a lawyer's notice demanding your dues from the Omani Company and afterwards you may plan to initiate action through governmental agencies which control the administration of all such firms in their country.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Going to Oman court will be expensive for me, if you can give me any reference contact then it would be helpful otherwise That indian guy has done all those agreements with me and he is from chandigarh too, but i don't know his house address, under which section of IPC i should lodge a complaint against him.

If there was a middleman an Indian, who made this agreement, then you can catch hold of him. If you do not know his address, you may be having his phone number, you can lodge a complaint with the local police giving his phone number, they will trace him and put pressure on him to extract the money due to you from the Omani firm.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

That indian guy is communicating with me since day 1 and he is the one who is responsible for non due. can't i file a FIR against him at least to build pressure on him, he can release my payment if he wants so i want to pressure him so he release my payment.

His family lives here so if police will go to his home then he can get it release.

You can approach police with a complaint against the Indian middleman stating that he only introduced the foreign firm and now he is into fraud in collusion with the said foreign firm.

The pressure put by police will bring some respite to you.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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