• Recovery of money against the supplies made

We have supplied material to one of our customers in haridwar. our regd
office in delhi. now the customer refuse to pay the money which is about 6.0 lacs. we are planning to file the case in delhi court. are we right?
Asked 12 months ago in Business Law from DELHI, Delhi

Hello,

the case can be filed in Haridwar as the cause of action accrued there and also the respondent resides in Haridwar.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Section 20 and 21 of the Code of Civil Procedure specifically bars the same.

If you file a suit in Delhi then the other party will object to the jurisdiction or may file a transfer petition in the SC.

though, a suit can be initiated in Delhi also

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

20.Other suits to be instituted where defendants reside or cause of action arises.-

Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) what is jurisdiction clause mentioned in purchase order , invoice .

2) if contract mentions that in event of disputes jurisdiction would be at Delhi you can file summary suit in Delhi to recover your dues

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

What is the jurisdiction clause in contract ?

You can file suit in Delhi if goods supplied from Delhi to Haridwar

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

You can file case in Delhi as part of cause of action has arisen in Delhi

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

Order 37 of Civil Procedure Code: This order is a power given to the person who wants to recover his money. This order permits creditor to file a summary suit. This order comes under the speedier trial. Once the suit is filed and summoned. The defendant has only 10 days to defend the suit. If the defend does not show up, then the court accepts the plaintiff charges to be valid. Defendant can defend his suit by providing evidence and clearing the cross examination. If the court is satisfied that the credit it not taken by the defendant, then nothing will be given to the plaintiff but if it is proved by the plaintiff that the defendant has taken money or any material and not paying it then defendant has to pay money to the plaintiff and punishment can be served to the defendant.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Where there is a dispute in business, agreement or any other kind of civil dispute, then the suit may be instituted either,

1. In a place, where the defendant resides, or carries on business, or In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place. It is well settled that a civil court has inherited power to decide its own jurisdiction. In dealing with the question whether a civil court’s jurisdiction to entertain a suit is barred or not, it is necessary to bear in mind that every presumption should be made in favor of the jurisdiction of a civil court. The exclusion of jurisdiction of a civil court to entertain civil causes should not be readily inferred unless the relevant statute contains an express provision to that effect, or leads to a necessary and inevitable implication of the nature.

Under section 9 of the civil procedure code the court shall have jurisdiction to try all suits of civil nature excepting suits of which cognizance is either expressly or impliedly barred. A statute, therefore, expressly or by necessary implication can bar the jurisdiction of civil courts in respect of a particular matter. The mere conferment of special jurisdiction on a tribunal in respect of the said matter does not in itself exclude the jurisdiction of civil courts. The statute may specifically provide for ousting the jurisdiction of civil courts; even if there was no such specific exclusion, if it creates liability not existing before and gives a special and particular remedy for the aggrieved party, the remedy provided by it must be followed. The same principle would apply if the statute had provided for the particular forum in which the remedy could be had. Even in such cases, the civil court’s jurisdiction is not completely ousted. A suit in a civil court will always lie to question the order of a tribunal created by statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions.

So you can file the case at Delhi where the cause of action aroused or at Haridwar where the defendant is residing or the specific place which mention in your contract with customer if any

Ajay N S
Advocate, Ernakulam
3155 Answers
64 Consultations

5.0 on 5.0

Hi,

You may file case. Before that send legal demand notice.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Sir the case has to be filed in haridwar.

If the customer is company you can file a Petition in NCLT for insolvency for recovery.

If not company then a summary suit has to be filed in court in haridwar for local jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
19366 Answers
76 Consultations

5.0 on 5.0

In delhi the petition will lack jurisdiction as per CPC.

Shubham Jhajharia
Advocate, Ahmedabad
19366 Answers
76 Consultations

5.0 on 5.0

You can proceed to file a suit against the supplier under order 37 of the code of civil procedure in Delhi itself as substantial cause of action has arisen in Delhi.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

You would need sale invoices, purchase order, your ledger account as well as communication between the parties as documents in order to file a suit for recovery in Delhi

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

You can file case in delhi as supplier is based in delhi and he is an aggrieved party.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

You may file money Suit against the person whom you have supplied the material in Delhi Civil Court this will take time but you can get your amount along with the interest

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Dear Concern, kindly note that your query is question of.jurisdiction in which you wish to pursue.your case. Since.this is a case of.delivery of.goods which is a domain of contract. On the.purchase order, on the receipt you sent to them along with bill will decide.the jurisdiction issue for.the recovery of money. Most of.the times documents in such transactions already have a jurisdiction clause to.decide.forum for.the.dispute.

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

You need to send them a legal notice first and if they don't respond file a recovery suit.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Yes you can file a recovery suit in Delhi.

Send a legal notice first.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

File a summary suit for recovery.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

You can file a case in Delhi subject to following documents:

1) any vendor agreement signed between the parties

2) if yes place of jurisdiction mentioned is Delhi or Haridwar

3) if not signed you can file a case in Delhi itself subject to you should have all the bills, e-way challan, GST challan and acknowledgement of GST for vendor sale.

Monarch Gandhi
Advocate, Mumbai
1 Answer

Not rated

If you have supplied and made the invoice at Delhi, then you can sue the customer at Delhi itself.

You collect the documentary evidences for the supply and then file a recovery suit at Delhi, but before that you may have to issue him a legal demand notice for this.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

IF POSSIBLE ANY SUPPORT DOCUMENT

It is possible.

The supporting documents like delivery challan, invoice receipts, acknowledgments can be produced before court

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

WE WANT TO FILE A CASE IN DELHI. PLS ADVICE

You may first issue a legal demand notice demanding the payment for the good supplied.

Let him give a reply after which you can file a money recovery suit at Delhi within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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