• Legal help/advice

We are a reputed organistion in the field of petrochemicals in India. We had given a sum of 35000 USD to a UAE registered firm as a advance against a PO for a chemical. Now the company is delaying shipment & giving lame excuses for it. When asked for returning the money again those same old lame excuses. No documents were ever provided so we doubt that shipment exists or not. Kindly help/advice us in the same as this issue is going on & on for last 4 months.
Asked 7 years ago in Business Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

In this scenario, you should serve a legal notice to them, through an advocate at their registered office in UAE asking them to fulfill their part of the agreement by supplying the chemical or refund the money with interest within 15 days of receipt of the legal notice.

If they fail to adhere even after receiving the legal notice, you can file a suit for recovery against them.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Any agreement executed ?

Dispute resolution clause ?

Order placed through ECGC ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Issue legal notice to company to refund your money as they failed to supply goods within period stipulated in contract

2) if company fails to refund sue the company to recover your money with interest

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Based done the invoice and oral agreement and proof of payment, the fastest way of recovery would be a recovery suit under order 37 of the Code of Civil Procedure as cases are tried in a summary manner.

Cost of legal fees for recovery suits varies from advocate to advocate.

But, firstly, you'll need to send a legal notice to them and give them sometime to return the dues, only after that you can proceed to file a recovery suit against them, which can be sent by any advocate practising in India.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

First your should to send legal noitce.

Well, its bizarre , without any agreement or security, made the payment.

Even if suit will file in India for recovery, compliance of notice will be tough neither Indian courts have jurisdiction to summon foreign national/company.

if the person owing company in an Indian National than summons from court can be delivered at his native place than possibilities for recovery.

Complain to Indian Embassy Singapore, if they can suggest any mean to recover.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. FILE a proper complaint supported with documentary evidences, before the local consulate /embassy and request for investigation & inquiry against the fraudulent persons.

2. This might work, ELSE file criminal complaint before the relevant local Court of UAE, which will surely work.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You ought hav to mentioned terms of supply of goods in purchase order

2) necessary to peruse preforms invoice

3) you can file suit in India

4) suit may take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

1. Does the UAE firm have an office or branch in India?

2. Issue a legal notice first

3. If no response then file a summary suit to recover money

4. Place of suing is where the cause of action arises. The cause of action arose in Pune, so you will have to file suit in Bombay High Court

5. The UAE firm has admitted its liability to you in its emails. So it has acknowledged the contract with you. Specific written contract is not needed

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

Sir first of all in your case the jurisdiction of filing has to be decided. Since in absence of agreement twi things has to be seen cause of action, second does the other party has any office in India or not.

So first of all you can do is send a legal notice through registered post and also get it stamped with the embassy. and can send it with stamp of the Indian Consulate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further in my advice the documents, money transfer and invoice has to be seen to check the jurisdiction as it will be difficult for indian Court to Summon a Foreign firm even though owner is India.

In Indian jurisdiction a summary suit can be file for the recovery of the amount, further a complaint of cheating and breach of trust can be filed after perusing the facts.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Send a legal notice to this co. registered in UAE and seek refund of your payment.

You can send this legal notice through kaanoon.com

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can issue a legal notice from her through a lawyer either from India or through a lawyer from the country where the firm is registered demanding the money or the goods and the shipment details, after that you can plan to initiate legal action as per law of that country.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

No contract was made other than a invoice performa given to me. Where should i sue? How mich time will it take to recover the money? Which course would be the fastest? How much will it cost? I guess the person owing the company is an indian national.

The time taken for disposal of the civil recovery suit, cost for the same, the law involved shall be let known by an attorney of that country because the law applicable to govern this issue will be that of the country where the firm is situated.

You may engage the services of an attorney of tht country for all the practical issues and remedy.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

1. The invoice proforma gives rise to contractual obligations.

2. Serve a lawyer's notice through your lawyer to the firm to honour its contractual obligations and deliver the chemical to you. If this also proves futile then you can file a suit for recovery of money to recover the amount with interest, compensation and cost of litigation.

3. If no contract was made then you can sue in the competent court in India.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer