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Recovery suit

(Querist) 14 September 2014 This query is : Resolved 
Respected Sir,
As pvt. Ltd company at Bombay whose owner was a distant relative was deliberately not giving payment on time, after repeated request and payment reminders , we stopped supply and sent him notice and finally filed recovery suit C S No. *** at court of Delhi as their registered office was at Delhi. We have authentic bills and related documents. At mediation , they demanded and blamed us for not supplying material and claiming huge amount as goodwill. But no quality issue was raised. After, that they changed lawyer twice and demanding change in written statement. They have started disputing payments by attaching letters from their clients that quality was sub standard and we are not providing E forms.( which can be provided only when they supply us with C Forms) and many baseless issues like we have broken his parties,. My lawyer says we will see and dispute it afterwards and only reply is it is false.He suggests me not to come to date at court unless required by him as word spoken by me can spoil the case.Is it true?After, so many dates issues are also not framed. We started business by taking loan and again as our working capital was stuck, we have take more loan. As case is lingering , it is really hard for us to survive .kindly, suggest is his advice proper?
Dr J C Vashista (Expert) 15 September 2014
Your case is still under mediation,ask the mediator to send the case back to court and/or donot attend mediation proceedings. Once mediation fails, contest it, as you have sufficient evidences to establish and prove your case. On the contrary the defendant is putting bald allegations, where he cannot stand.
Devajyoti Barman (Expert) 15 September 2014
Your case is lingering more than usual time and your lawyer's restraint on you to witness court proceeding is also suspicious. I would advise you to take another opinion from another local lawyer showing him all papers.
ajay sethi (Expert) 15 September 2014
suit take years to be disposed of . it is not necessary for you to attend court on each date . framing of issues also takes time . if you so desire take second opinion from another lawyer
Rajendra K Goyal (Expert) 15 September 2014
You should attend the court and take second opinion from some other lawyer.
T. Kalaiselvan, Advocate (Expert) 20 September 2014
In my opinion, it must be you who is to be blamed for the debacle and prolongation of the case. What did you do in the mediation?, did you voluntarily made a mention about the quality issue which was not at all raised by the defendant until then? It means you have opened the pandora box for them to tackle and drag on the matter much more to their convenience with new ideas and designs.Therefore your lawyer rightly asked you to not to attend the court and open your mouth on any issue which may prove fatal to your own case. If you do not cooperate with your lawyer you may not be able fight out your case and will never get the relief sought for. Please introspect yourself and decide further course of action.


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