• Accounting dispute and no response from other company

Dear Sir ,
We are the distributors of an FMCG firm since 7 yrs . We are to get the supplies of the stocks/goods from the super distributor appointed by the company . Like with any such business, there used to be billing errors ( such as over billing , short supply of material , incorrect tax , non issuance of credit note etc) . While few errors used to be resolved but quite many continued as the accounts were on continued basis i.e unlike where it is from transaction to transaction or month to month basis. All purchases i.e. payments were through bank & the sale to retailers being through Tax Invoices ( TIN or GST Invoices ) only. From time to time , senior managers of company were also apprised about this situation . They however gave promises of getting the issues resolved but pressed us to continue to do purchases i.e making the payments to the super distributor & threatened that our distributorship will be discontinued if we do not work that way. We had to therefore continue all along as the company had appointed only 1 super distributor and as per the agreement , procurement was to be from the company nominated super distributor. The accumulated amount stands to about Rs. 43 lacs . Thus wanted to know if there is any legal remedy to get the due payment.
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

Since you are operational creditor of the company you can serve a demand notice to the company under IBC for the payment of unpaid dues. The transaction are recorded so the debt can be established and based on same you can claim amount from them along the interest as per the terms. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The initial step for recovery of your pending money is to send a legal notice to the company.In the legal notice we provide a stipulated time to return the money failing to do so, you would require to file a civil suit for recovery in the concerned civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

You need to file civil suit for recovery.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

You have to issue legal notice to company to pay your outstanding dues 

 

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

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

There must be some dispute resolution clause in agreement executed with them. Invoke same.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the amount is due to the company then you may issue a legal demand notice by enclosing the details of the transactions including the copies of invoices and delivery receipt, purchase order etc.

Failing to respond you may  file a money recovery suit before the concerned court

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

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