Recovery of money
Querist :
Anonymous
(Querist) 30 November 2017
This query is : Resolved
Sir/s,
my clients have sold and supplied the goods to one firm vied purchase order of Jul. 2014. the goods supplied vied various invoices from Oct. 2014 to December 2014. My clients does not have any lorry receipt or delivery challan. as per the terms settled between the parties, one month period credit from the date of invoice was given by my client for the payment of the goods. after taking of the delivery of the goods the purchaser didn't pay a single amount towards the goods. they didn't even reply to the notice of my clients.
My clients wants to file a money recovery suit against the purchaser firm on the foot of account. My querry is that (1) under which section I can file a money recovery suit? Under O. 37 R. 2 or any other? further (2) In a recovery suit can I claim the amount of all the invoice i.e. of October, November and December or only December's invoices are maintainable. (3) is there any other remedy available for my client to recover the amount?
Guest
(Expert) 30 November 2017
If you are an expert and acting as adviser to your clients, why did you feel the need to remain anonymous, if an expert? If unable to provide sufficient advice to your clients, better ask them to consult some really knowledgeable expert on the issue, rather than serving them with half baked borrowed advice.
Querist :
Anonymous
(Querist) 30 November 2017
excuse me, I am not an expert. I am an advocate and recently started independent practice. if you can help me then it is well and good otherwise let it be i'll wait for some other expert's help.
Guest
(Expert) 30 November 2017
An ignorant lawyer cannot be expected to give positive result to his client. On the other side, statement of an anonymous person can also not be considered as reliable.
Even if you are a lawyer, is there any strong reason for you to avoid reply to my question, why could you feel the need of remaining anonymous, while asking your question?.
Querist :
Anonymous
(Querist) 01 December 2017
why are you interesting for my identity? if you have the solution and if you want to share it then I'll be thankful to you but if you don't, then leave it i still thankful to you.
Guest
(Expert) 01 December 2017
Very vague and evasive reply to my question. My question was not to know your identity. I was interested to know, if there was any strong reason for you to avoid reply to my question or to hide your identity.
Now the counter question for you against your own question is, why do you pretend to be a lawyer, if hiding your identity? If you are ignorant about law on the issue, why trying to cheat your client due to your greed and why not tell him frankly that you are unable to get him justice due to your ignorance of law?
Even if you are a lawyer, ignorant of law, and don't want to lose your client also, why ashamed to get help of your fellow lawyers in the same court you are practicing?
Querist :
Anonymous
(Querist) 14 December 2017
this is wrong to judge any one without knowing him properly. and it is also wrong to interfere in others' personal issue. being an expert (in case if you are) you can help if you want but here instead of helping me, you trying analyze the person! why? if you have any prejudice with any advocate (may be possible) even you should not behave like this.
further one more thing i would like to inform you that legal practice is my hobby and i am using my knowledge for helping the needy people without any professional charges. So now onward please don't blame anybody without knowing the person or without analyzing the situation. and one more thing i would like to advice you that instead of interfere in others' personal issue do your best and leave the path. Let the destiny do it's job.
Guest
(Expert) 14 December 2017
Mr. Anonymous,
Very nasty response on your part on the observation of Mr. Jigyasu!
Further, when you ventured to give him advice, that makes me feel as if you have forgotten your comparative position that he happens to be a charity giver, while you are just a receiver of the charity, but certainly not in the capacity of an expert or advisor.
Guest
(Expert) 14 December 2017
Mr. Anonymous,
VERY, VERY, VERY ELUSIVE & EGOISTIC RESPONSE on the part of Mr. Anonymous that too after such a long preparation with deep thinking of full 13 days after my observation!!!!!
Yours case for solution is just like begging alms by distribution to others, again as alms, by a person who want remain in his hideout. IN OTHER WORDS, YOU WANT CREDIT FROM OTHERS OF BEING A KNOWLEDGEABLE SCHOLAR BY DISTRIBUTING YOUR BORROWED, RATHER STOLEN KNOWLEDGE OF OTHERS, BUT WITH THE FEAR IN YOUR MIND THAT THE RECEIVERS OF YOUR CHARITY SHOULD NOT KNOW FROM WHERE YOU STOLEN THE THINGS TO DISTRIBUTE AMONG THEM.
WHEN YOU SAY, “this is wrong to judge any one without knowing him properly,” WHERE IS THE SCOPE OF KNOWING YOU WHEN YOU DON’T WANT TO INTRODUCE YOURSELF AND PURPOSELY PREFER TO KEEP YOURSELF HIDDEN, like some criminal.
YOU HAVE FURTHER STATED, “now onward please don't blame anybody without knowing the person or without analyzing the situation. AGAIN THE SAME QUESTION ARISES, WHERE IS THE SCOPE OF KNOWING YOU, AS A PERSON, WHEN YOU DON’T WANT TO INTRODUCE YOURSELF AND PURPOSELY PREFER TO KEEP YOURSELF HIDDEN
And also –
WHERE IS THE SCOPE OF ANALYSING THE SITUATION, WHEN YOU KEEP EVERYTHING HIDDEN FROM THE EXPERTS FROM WHOM YOU EXPECT CHARITY SERVICE BY KEEPING YOURSELF IN YOUR HIDEOUT?
FURTHER, when you say, “it is also wrong to interfere in others' personal issue,” AGAIN YOU FORGET THAT WHEN YOU HAVE DECIDED TO BEG FOR A CHARITY THROUGH AN OPEN FORUM AND THAT TOO FOR OTHERS, THAT CAN NEVER BE PERSONAL ISSUE, AS YOU HAVE YOURSELF ADMITTED THAT “i am using my knowledge for helping the needy people.”
WHEN YOU SAY, “being an expert (in case if you are) you can help if you want but here instead of helping me, you trying analyze the person! why?”
YOUR STATEMENT IS QUITE STRANGE, WHEN YOU SAY, “i would like to inform you that legal practice is my hobby and i am using my knowledge for helping the needy people without any professional charges.
IN THIS CONNECTION, AS YOU INSTRUCTED ME, “if you have any prejudice with any advocate (may be possible) even you should not behave like this”, MY PERTINENT QUESTION TO YOU IS, HOW DO YOU CLAIM TO BE AN ADVOCATE, WHEN YOU HAVE PURPOSELY TRIED TO HIDE YOUR INFORMATION AND NOT READY TO INTRODUCE YOURSELF EVEN ON ASKING? HOWEVER, for your information, Frankly speaking, i do not like quack and fake type of experts, like you, who do not know anything, but try to vaguely pose as if they are the biggest guns in the field of law.
MOREOVER, YOU CANNOT CLAIM TO BE AN ADVOCATE ON ACCOUNT OF SEVERAL QUESTION MARKS ABOUT YOU, SUCH AS –
A QUESTION ARISES, when you are borrowing knowledge on charity basis from others, where comes the scope of your own knowledge and helping the needy people.
ANOTHER QUESTION ARISES, where is the surety that you get the right knowledge from confusing and contradictory replies on this form from the real experts, semi-experts, fake experts and laymen, what kind of help you may be doing to the needy persons, particularly, when you don’t know anything, but depend upon the controversial and confusing knowledge of others.
ANOTHER QUESTION ARISES, do you confirm that you are doing legal practice, without qualification and experience?
ANOTHER QUESTION ARISES, where is the question of claiming professional charges from the needy people, whom you pose to help without knowledge and OR even with your own controversial knowledge?
YOU SHOULD KNOW THAT A PERSON WITHOUT QUALIFICATION OR PRACTICAL EXPERIENCE IS CALLED A QUACK, if he undertakes some practice, but has even no elementary knowledge of that field.
YOU SHOULD FURTHER KNOW THAT --
1) A QUACK CANNOT do a legal practice;
2) A QUACK CANNOT be a professional;
3) A QUACK CANNOT claim to be helping other needy people when he does not have even elementary knowledge;
4) A QUACK CANNOT claim to be helping other needy people with borrowed knowledge;
AT THE END YOU PREFERRED TO ADVICE ME BY SAYING, “i would like to advice you that instead of interfere in others' personal issue do your best and leave the path. Let the destiny do it's job.” YOUR ADVICE IS JUST LIKE A PATIENT ADVISES A DOCTOR OR A BEGGAR ADVISES A CHARITY DONOR TO ACT UPON THEIR ADVICE ONLY WITH NO QUESTION, AS TO WHY THEY NEED TREATMENT OR ALMS.
ABOUT “DESTINY”, YOU SHOULD BETTER TRY TO UNDERSTAND WELL IN TIME, WHAT CAN BE A DESTINY OF A QUACK, LIKE YOU.
Querist :
Anonymous
(Querist) 15 December 2017
Dear Expert Mr. Dhingra,
I knew that I am seeking help from the experts. But kindly see the entire conversation. I don't understand why Mr. Jigyasu very much interested about my identity?
No where I've claimed or showed any attitude that I'm an expert. it is none of his business that who am i and why I post this query. I'm thankful to the Admin that I can get such helpful platform and I am regularly reading the queries of other needy people and the reply of experts but no one has behave with any queerest like this.
i don't understand that what is wrong in my query? when am I here? because Admin provide such platform. When I post this query as an anonymous? because admin provide such facility. now what is wrong in that?
And above all Why Mr./Ms. Jugyasu hide his/her own identity? I don't know and i even don't want to know the reason because I strongly believe that everyone have their own will and it is wrong to pressurise someone like this.
Dear expert Mr. Dhingra these are my personal views. Please don't feel bad.
Guest
(Expert) 17 December 2017
Mr. Anonymous Advocate,
Deserving for help is quite necessary.
The simple and straight fact you have to understand is, charity seeker should not be directions giver, as both can't go side by side. A knowledge seeker is always supposed to be humble and submissive, not curt or arrogant in his behaviour. Knowledge can't be gained by demonstration of arrogance or ego that too at an open forum. You would have seen, no expert came to your help. The reason can well be understood, if you make a review of your own posts, where you can find not only arrogance in your approach towards the expert, but also preferred to advice him also, as if he was needy of help from you, not yourself.
Since you asked guidance to render advice further to your client, your introduction was quite imperative, which you avoided even on asking. Rather you tried to be offensive to the expert, who was keen to guide you on the issue.
Your last post was too annoying, which the expert seemed to have completely torn off like an autopsy of a dead body.
Sudhir Kumar, Advocate
(Expert) 22 December 2017
WHile agreeing with Mr Dhingra I can just add that instead of entering in argument the queriest could have clarified his role and identity and got advise from these experts or other experts. Seeing such arguments other experts do not enter the thread.
