• To withdraw money from party

Am doin dairy business in punjab.i have business dealing with party name sahil dairy in ludhiana for last three years.we were doin well but now they have stop my payment.i dont have any cheque signed by them.so plz tell me how i can get my money
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hello,

First send a legal notice to them and if thhey do not respond then file a FIR and also file a civil suit to claim your money. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If you any evidence like Purchase order or Delivery Challan or Any Receipt then you can claim through Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See you have to issue them a legal notice for your amount asking your payment along interest. Further if on notice they donot return the amount then you have to file a summary suit before civil court to recover the amount along interest.

 

Also if Sahil dairy is a PVT. Ltd. company registered then a demand notice UNder Insolvency and Bankruptcy code can be given and on expiry of notice period insolvency petition can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) Do you have entered any legal written agreement regarding this, under payment clause you can file case against them.

2) If you have not entered any such agreement than do you have any receipts of milk delivered to them on so and so date. And submitted invoices for bills recovery etc.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Approach a lawyer and file a Recovery suit.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

You need to file suit for recovery of your money. If the said company is private ltd company you can also try banking and insolvency code

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1) Issue legal notice to Sahil diary to pay your dues 

 

2) if they fail to pay file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Move an application against themunder section 406 ipc

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Send them a legal notice claiming all your money.

If they still not pay your money, file a recovery suit against them 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, make sit clear that you though  you don’t have any cheque, but still you may cover under specific performance of a contract (implied contract).
  2. You may file a suit for recovery including the prayer of litigation expenses also from the other party for wilfully delaying the payment.
  3. There is a contract in law where the other party is bound to pay to the other one even if there is no written contract between them.
  4. Amd that is called, an implied contract, which is in the present case, can be a certain form their regular dealing with you.
  5. You may just have to prove somehow that they have been dealing with you, I meant to say any evidence for the same.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

I am sure you have proof of supply of product for which the buyer is libale to pay you the money.

In that case your relief lies in civil suit for recovery of money. This civil suit takes time but if your porve the transaction you would certainly get a decree from court in your favour.

 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You have to file a money suit in record against bithiri and its owners to get the outstanding amount interest and legal charges from them it will take some time but definitely you will get your money if you have property card and it is acknowledge by them.

It is advisable that well before you go for the case please send a legal notice to him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You can issue a legal demand notice for the amount towards the product sold by you,followed by a money recovery suit on the basis of documentart evidences in your side

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

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