Breach of contract through non payment
Arti Rawat
(Querist) 27 May 2015
This query is : Resolved
Dear Sir/Mam
There are two parties Company A and another is government authority, entered into contract for providing consultancy services to govt. authority. Company A has completed there part and sent invoice on 28.11.2011 for which payment has to b made within 60 days, as required by the contract but no payment made by the govt. authority and inspite of sending letters for payment no reply was received from the authority side.
As on date is the claim time barred by limitation act, even if the contract is still alive or we can still file a civil suit?
What remedy we can adopt ...
1. is it recovery suit;
2. breach of contract;
3. or can we ask for interest on delayed payment even when no clause is there for interest in the contract or any other?
Please Guide
Guest
(Expert) 27 May 2015
In what way you are concerned with the company, Government, the parties to the contract?
Arti Rawat
(Querist) 27 May 2015
sir
actually i am taking seeing the whole case from the side of the company, as company wants to file a suit against that authority, which has hired the company as consultant.
Guest
(Expert) 27 May 2015
So, as a trainee (as per your profile), you have been hired by the company to file suit?
By the way, can you send me a copy of the contract agreement between both the parties at my email ID: dcgroup1962@gmail.com ?
Arti Rawat
(Querist) 27 May 2015
no sir can't share it as they are confidential in nature. without it can you advice?
Guest
(Expert) 27 May 2015
If you can't share copy of the contract agreement, then forget about any advice also.
However, I am not surprised with your expected response, "can't share it as they are confidential in nature. without it can you advice." as I know you can't share any non-existing document.
I am also not surprised by recent modifications introduced by you in your profile page by becoming "Sr. Associate" from earlier, as a "Trainee" and changing your small name, "Arti" to "Arti Rawat." OF COURSE VERY SMART MOVE ON YOUR PART TO HOODWINK THE EXPERTS, POSING QUERY ON YOU!
I knew, student's academic queries don't have any background document, what to say of confidential, while even contract agreements with Government have nothing confidential in its nature.
Moreover, even it be a real case and when you file a case in any court, would the documents remain confidential and won't you share all documents with other lawyer of the case, as a part of your petition?
Kumar Doab
(Expert) 27 May 2015
Any counsel would require to examine the whole document to advice.
The company can afford to pay the fee.......for consultation.
Apparently as per limited information posted by you, you are unable to find a way hence must consult an able counsel.............and show everything on record........for proper advice.
Arti Rawat
(Querist) 28 May 2015
Dear Mr. Dhingra
Sir first off all i must clarify that i made this profile when i was a trainee and as i don't come online often here so i didn't notice that my profile is still showing "Trainee" as my designation, so after you indicated i modified it, there is no point me making fake modification as my query would remain the same and your answer would also.
And as there are several seniors also who are seeing this case so without their permission i can not disclose the documents, so that's why randomly posted the points on which i am working did not expecting that you would be so strict with me. You could have guided me with out suspicion suggesting that your answer would not be so helpful without any document given by me in support because as i mentioned i don't come online here often so i don't know how the experts really advice.
With due respect thank you sir for sparing your precious time & would try to produce supported documents also when ever i post any query here.
Guest
(Expert) 28 May 2015
Dear Ms. Arti Rawat,
You are mistaken, if you think you can exploit me with your vague expectation, "you could have guided me with out suspicion suggesting that your answer," without convincing me about the background of the case.
Secondly, the matter ends when you say, "several seniors also who are seeing this case." Even this statement of yours I consider just an after thought by you, when you have declined to provide me with the background and the related agreement. Even if your statement is correct that several seniors are also seeing, it is not understood, why you are worried when seniors are already seeing the issue? Let them see and decide what to do and how to do.
However, if you still want my help, your company can well afford my consultation fee. Ask the company to remit the fee before asking anything on the issue. I AM SURE, YOU WON'T ALSO AGREE ON THAT POINT ALSO, AS I STILL BELIEVE IT IS JUST A HYPOTHETICAL ACADEMIC ISSUE, NOT A REAL PROBLEM.
