Payment not received from customer
Sumit Tawari
(Querist) 27 September 2013
This query is : Resolved
Hello All
One of my customer is not giving payment to us against material supplied by us. This company is public limited company> How can i go legally> Further I feel spome of their employee not interested to release our payment> can I file complaint against them? ALso can i file complaint against them as per companies act.
Pls guide and suggest any good lawyer in pune
Kiran Kumar
(Expert) 27 September 2013
Better serve them with a legal notice first and in case the payment is not made then go for a Recovery Suit.
Its merely a business transaction, and let it be handled in a proper manner only.
Raj Kumar Makkad
(Expert) 27 September 2013
You need to file a summary suit for recovery of money before the proper court of law as per advice of your lawyer.
Advocate Suneel Moudgil
(Expert) 28 September 2013
File Summary suit of recovery under order 37 cpc but first send legal notice, search LCI database for fimding advocate at pune
Advocate Suneel Moudgil
(Expert) 28 September 2013
File Summary suit of recovery under order 37 cpc but first send legal notice, search LCI database for fimding advocate at pune
Rajendra K Goyal
(Expert) 28 September 2013
Well advised by the experts, nothing more to add.
V R SHROFF
(Expert) 28 September 2013
ISSUE LEGAL NOTICE DEMANDING UR DUES.
IF FAILS, FILE SUIT IN CIVIL COURT FOR RECOVERY.
Nadeem Qureshi
(Expert) 28 September 2013
first send a legal notice then file a suit for recovery before civil court
R.V.RAO
(Expert) 31 January 2014
if you exhaust all your business ideas, try this corporate law route. Since it is a public limited company you may as well write straight to the Registrar of companies of the state,under
copy to regional director -company law board.also copy to company law affairs(now mca) stating as to why your customer company should not be wound up for non payment of debt of Rs xxxx/- in spite of repeated reminders and that your company feels that your customer co's financials are not sound , and hence it needs to be wound up for lack of reasonable financial soundness and stability. A copy may be marked to YOUR CUSTOMER CO'S's regd. office ADDRESS.
this worked well with us and we got money back.
THIS works only for corporate sector as last resort.
R.V.RAO
(Expert) 31 January 2014
pl. quote section 272 of the new companies act 2013.
a latest ref. of winding up petition case in corporate sector in india which you may recollect is king fisher airlines Vs. banks
Advocate. Arunagiri
(Expert) 31 January 2014
For filing a winding up petition, the petitioner has to establish that the company is unable to pay the debt.
Mere for non payment of debt, winding up petition can not be filed.
