See you have to send them a legal notice/demand notice for recovery of amount along with the interest.
If on notice they fail file a suit for recover of amount alternatively if buyer is company file a insolvency petition before the NCLT.
No payment for material supplied
Hi, Please advice me on the following issue. Thanks in advance. We are into manufacturing industrial magnets for over 40 years. Recently we received an enquiry for our magnet from Natems Sugar factory, Andhra for which we have sent quotation. After negotiation we received Purchase order through email. PO value was for 3.5 Lakhs including GST 18%. Payment terms was “100% against receipt of material”. We supplied the material and the buyer has received. Now it has been almost 8 months since we had supplied but we have not yet received payment for it. All our calls to them are being unanswered. If someone receives the call in accounts department, they give us only lame reasons. Please kindly advice on how to proceed further. As proof we have emails exchanged, PO soft copy with no signature and material dispatch receipt from the transport.
Asked 4 years ago in Business Law
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11 Answers
1) file summary suit under order XXXVII of code of civil procedure to recover your money with interest
2) also file police complaint of cheating, criminal breach of trust against fraudster
- You must sue them for breach of contract.
- In the suit, you will claim the consideration amount with interest accrued + you will also claim the cost of legal proceedings (court fee + expenses you incur in appointing a lawyer).
- I'm prepared and willing to act as your counsel (advocate) and file the suit and plead as your counsel and take the case to it's logical conclusion.
- You may serve a legal notice upon them prior to filing the suit. However, it's not mandatory. The legal notice too, would be served through me (your counsel).
- I require an exhaustive consultation session with you first. So do pay a visit. .
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You need to file summary suit for recovery of the money
Hi,
You are suggested to proceed for the recovery of money for the debtor company.In the present conditions, you may file the suit of summary proceedings under order 37 of CPC or you may file the petition in NCLT. Before before filing the petition you need to serve the legal notice as per law to the debtor.
Evidence are sufficient to prove order placed and delivery but mode of agreement was not proper. There should be an advance payment and a dispute resolution.
This is a commercial transaction, still can try by filling FIR using local sources. Otherwise first send legal notice for demand of payment due, failure to recovery suit will file.
Dear Sir,
Get issue a legal notice for payment of material supplied:
You can file a suit for recovery along with interest and damages. Generally, the sum pending along with 9 - 12 percent interest is granted in such cases.
No damages are granted in ordinary civil suits for recovery, however, cost of litigation will be awarded to you. If you have a good and diligent lawyer you can get the money back within 1 - 2 years of the filing of the suit.
On the basis of the evidences for having supplied the materials you may issue a legal demand notice to the factory management demanding sale consideration amount.
Failing to respond you may initiate summary proceedings to recover the amount
You have to issue a legal notice first to the buyer through a local lawyer demanding immediate payment. If there is no response or no proper response, you may proceed to file a suit for recovery, in consultation with your lawyer.
