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Hello sir,
We are trading here clothes for tent Shamiyana decorators our customer has not given us APX.10 lakhs since 1 year what to do please help me sir.
Asked 6 years ago in Business Law

15 answers received in 1 day.

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18 Answers

1) issue legal notice to customer to pay your outstanding dues of Rs 10 lakhs

2) if he fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest

3) you can also file complaint of cheating against customer under section 420 of IPC

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

if cheque is dishonoured issue legal notice on dishonour of cheque

2)if customer fails to pay within 15 days of receipt of notice file complaint under section 138 NI

3) however please note that complaint under section 38 Ni is for punishment

4) you should file summary suit to recover your money

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Respected sir...

You have to make a story of it ...That we have given given them tent on so and so date and now after asking several times they haven't given Money but last month they give the chaque for the said amount and put it up to bank the if they have funds your Money will be received else it will be bounce then let them face court trail under section 138 of negotiable instrument act ...After that they will be on there knees and will pay you as soon as possible ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1.Since the purchasers/clients have defaulted in making payment you can file suit for recovery of money against them.

2.To do so on the basis of purchaser order and delivery receipt you can file summary suit in the local civil court.This takes time but you will get money for sure along with interest.

3.As there are signed cheques kept with you to put mounting pressure on the client you can place the cheque for encashment and once the cheques get dishonored you can file criminal case of cheque bouncing under section 138 NI Act.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Dear sir,

You can file a Summary Suit against them for the amount of 10 lakh rupees not paid if they won't have and valid defence court shall grant your summons for judgement and matter shall be disposed fast.

Also You can deposite these cheques in case they bounce send them a 15 day notice to return money if in 15 days they don't pay file a complaint under 138 NI act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Either you can file a case for recovery of the money or file a private complaint for cheque bounce before the Honourable Magistrate Court.

You may have to produce all the relevant documentary proofs to the Court for adjudication.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

The shortest route to recovery is to file cheque bounce case one by one between a span of three to eighteen months and thus bring pressure on the other side to pay the amount. You may file such cases not only on the person but also on the family members of such person saying that his family members taken loan and given the cheque belonging to your opponent. There are every chances of settlement in near future.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Hi,

You may present the cheques in banks for encashment and if it is bounced, go for cheque bounce case and recovery case together.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hello,

Once the cheque has been issued then they have the liability to pay you the said amount. You may present the cheque in the bank and as and when the cheque is dishonoured you may send a legal notice

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

And thereafter you may file a case under section 138 of the NI ACT.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Put that cheque again in your bank, once it will again bounce then issue a legal notice to him thereafter if he fails, then file complaint before magistrate. Alongwith you can also file recovery suit against him.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello sir , you can get all the cheque dishonoured and file a criminal complaint under section 138 NI act ..kindly take in notice that the cheque is valid for 3 months from the date mentioned on it , and you have to send a legal notice within 30 days of its dishonour ...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. File Criminal Case of Cheating & Intimidation against the relevant cheating persons.

2. Also can file Civil suit, for recovery of the legitimate dues, within the Limitation period.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

We are trading here clothes for tent Shamiyana decorators our customer has not given us APX.10 lakhs since 1 year what to do please help me sir.

If you have the invoices, delivery challans and other substantial proofs for the goods supplied, you may issue a legal demand notice and ask them to pay the amount immediately within a time stipulated in the demand notice.

Failing to comply with the demands made, you may drag them to court by filing a money recovery suit before court

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

We are also having their 9 cheques without date 1cheque bounced. Then they linger on we will pay next month but failed their commitment.

Get the cheques dated and present them for payment, if they are dishonored then you may file a cheque bounce case against them.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Please deposit all the checks in the bank and let it Bounce due to insufficient fund due to insufficient find reason again deposit all the checks including the previous check which was bounced earlier and get them bounced again.

Now you send the a legal notice for the amount outstanding, interest there on, loss of profit due to non payment and legal charges for sending notice say 10,000/- with information to pay with in 15 days in a given bank account failing which they will be liable for litigation expenses relating to this case.

138 case takes time but the 2 times penalty along with the imprisonment is there and this should not be taken as easy.

If it takes more than usual in civil court you may file a writ in this regard in HIGH COURT for quick decision.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Send a legal notice demanding your dues.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

In case your dues are not cleared despite the legal notice, for all the bounced cheques file a case under section 138 of the Negotiable Instruments Act.

Also, file a summary suit for recovery of your dues.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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