file recovery suit.
We have supplied material to construction company against C Form. He have issued C Forms but has not made payment for material since 2 years.
See if it is registered company issue them a notice of demand under IBC, if in 10 days from receipt of notice they fail to pay the amount file a Insolvency petition against the company in the NCLT.
Dear Sir,
Steps to take before initiating legal proceedings if the buyer/customer delays the payment
Hi
If the construction company is a private limited company , you can file as an operational creditor under section 7 of Insolvency and Bankruptcy code and claim refund of your money. Presently under IBC at NCLT cases are taking up to 6 months to resolve(i.e to pay up)
If the construction company is a proprietary or partnership company, then you can file a summary suit under Order 37 of CPC and claim your money.
Summary suit under CPC is a fast track litigation process with the defendant having to pay 50% of money outstanding should he choose to contest the case to make delayed payment. Summary suit in civil courts also take 6 months to settle from the date of receipt of notice by other side.
1. Serve a lawyer's notice to the company to release the payments forthwith.
2. If the sum is still not released then you have to file a civil suit for recovery of money in the competent civil court to recover the principal sum with interest, compensation and cost of litigation.
3. After a year your debt will become time barred. So hurry up.