• Outstanding in Dubai

Hello sir, I was exported onion from India to Vietnam and importer from Duabi, they show consignee Vietnamese company and Dubai company I show as a notify party and use third party invoice.
I don't send direct invoice to Vietnam, I always send invoice to Dubai and they use final invoice for the Vietnamese company.

And last few months ago Dubai company hold our some containers payment. Still one year I am waiting but not send us even 1 doller so now we decided, I have to take legal action against this importer what's the process for this kind of matter.

Please suggest us 

Thank you 
Regards 
Vikram Kadam 
VBK Traders and Exporter, Nasik
Asked 4 years ago in Business Law

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8 Answers

Send them a legal notice through your Indian Advocate in the present matter.

Through the above legal notice seek forthwith recovery of your dues along with appropriate compensation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) You Can File Civil Suit at Dubai Court

2) Before filing a case, whether it is a

Civil, labour or personal status, the

UAE's court system facilitates

mediation through committees, which

include commercial disputes,

settlement and reconciliation

committees.

3) These committees aim to solve disputes amicably and reduce the burden of judicial fees. If an amicable settlement is not possible, the litigating party can apply for a 'No objection' letter from the relevant mediation committee and submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.

4) Filing lawsuits requires the plaintiff or his/her representative to submit a 'statement of claim' and supporting documents to the Case Management Office in the court or by creating electronic records for such lawsuits. Each defendant is entitled to receive a copy of the plaintiff’s claim. 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

hello

a legal office should be sent to this company/firm for violation of the contract. the agreement between you and the firm who sent the onions to Vietnam should have an arbitration clause in the agreement in case any dispute arises. make use of that clause.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Issue legal notice to Dubai company to pay your outstanding dues

2) if company fails to pay file summary suit to recover your dues with interest

3) suit has to be filed within jurisdiction of court as per your contract

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

A legal notice has to be served to the importer in dubai for making of the payment.

Is there any branch of dubai importer in India if yes the summary suit for recovery can be filed before the civil court in India.

if not you have to proceed further as per laws of dubai, in dubai as since no action can be taken against the foreign company where cause of action and defendant both are foreign based,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. you import onion from dubai - so you have to pay dubai company

2. the imported onion is in turn exported by you to a vietnamese company - so vietnamese company has to pay you

3. you raise invoice on the dubai company - which will be entitled to receive money from the vietnamese company - original sale price + your profit magin

4. then dubai company receives your profit on your behalf and send money to you - right?

5. so in this trail you will have to first check whether the vietnamese company has cleared all dues for the onion consignment received by it?

6. it may be that the vietnamese company defaulted in payment and thats why the dubai company is not releasing payment to you

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Is their any agreement/contract executed ? with Dubai company.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the importer is having a valid licence for this trading and you have an agreement with him in this regard, also if you have records of all previous transactions, you may first issue a legal notice from here demanding your outstanding dues.

If your notice fails to invoke any response, you may engage the services of an attorney in Dubai and initiate legal process from there as per the laws governing the issue of that country.

Any legal action taken from this country's court may not fetch you the desired result or an effective solution to this.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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