How to recover my payment
I have a business in Indore. In October 2013, I supplied goods to Jamshedpur party with payment terms as advance as goods reach at transport. I sold him goods of 6,29,000/- approx. But he did not make payment at that time. Later he sent me post dated cheques of december 2013 of 3,00,000/-. Then after that he continuously said next month, next month, next month. Its been now more than 16 months and I am trying again and again. But he is not picking up my call and not at all answering.
Please advise me what best I should do now.
Thanks in advance. Hope to get good advice in it.
Asked 2 years ago in Business Law from Indore, Madhya Pradesh
1. Well since several months and years has passed you can not file the case for cheque bouncing as the cheques can not be honoured anymore. Had these been not dated then you could have put the current date and place for honour.
2. now you can file civil suit for recovery of money.
3. Alternatively you can file criminal case for cheating and criminal misappropriation of property.
1) issue legal notice to jamshedpur party to pay Rs 3 lakhs in respect of goods sold and delivered within period of 15 days from date of receipt of notice
2) if no payment is made file summary suit under Order XXXVII of CPC to recover Rs 3 lakhs with interest at 18%pa as per clauses in your contract
1. You have stated that he had issued you post dated cheques of December,2013 and is now streching the days for more than 18 months,
2. If those cheques were dated in the year 2013 then those cheques have already become stale and inoperative,
3. You shall have to file Recovery Suit now against the Jamshedpur party,
4. You can also file a criminal case against him.
1. You were issued post dated cheques by the purchaser of the goods. You could have presented the cheques to the bank for encashment instead of taking the word of the purchaser on the face value, and thus got invested, on the bouncing of the cheques, with the legal remedy of filing a case for cheque bounce against the buyer. However, the cheques in question are no longer negotiable instruments.
2. Now the only legal recourse available to you is to file a case for recovery against the buyer.
Well, then you can file civil suit for recovery of money. Criminal case of cheating also lies.
1) you have to issue legal notice to jamshedpur party . in said notice mention details about goods sold and delivered , payments received and balance amount payable .
2) if party fails to pay file summary suit for recovery of your money .
3)suit can be filed by you from Indore as part of cause of action has arisen in Indore
1. To recover the remaining amount you have to issue a lawyer's notice to this person demanding the amount to be paid.
2. If the amount is not paid even after the notice from your lawyer then the only legal recourse available to you is to file a case for recovery in the court in Indore.
there is breach of contract. you can file civil suit for performance of contract under section 73 of contract act.. if you file recovery suit you are liable to give high court fee. contract is partially obeyed, it can be said fully obeyed if full payment is made. so you should approach for full payment according to contract. it does not require that every contract should be in writting. oral contract and conduct of the parties is sufficient to form legal contract.
1. When you had collected post dated cheques from him why did you not ask forcheque for the balance amount?
2. When he had issued cheque of lesser amount why did you not take up the matter legally since 2013?
3. Your Advocate shall have to answer this question before the Court,
4. If you have enough evidence of his debts then you shall have to file a recovery suit before the Civil Suit. File Summary Suit for quicker didposal.
He had issued me post dated cheques and later on those cheques were cleared. Then balance amount left was approx. 300000/- for which he is not answering at all.
Asked 2 years ago