Not giving outstanding payment.
sajoli
(Querist) 01 July 2017
This query is : Resolved
Dear Seniors,
I am vendor of this Pvt Ltd Hospitality company, i am working for this company since last 1 year initially they cleared my dues immediately but after some time they started doing late payment and now suddenly they stop reverting on my mail, phone call, now I thought to file sammary suit against them to recover my outstanding, but they run there business in all the rental property.
Please guide.
Guest
(Expert) 01 July 2017
You can start with sending them a Legal Notice through an advocate.
Yes, in such cases there will be a summary suit unless the defendants make out a case and procure leave to defend. In such cases the suit will proceed as a normal suit. The fact that the company runs its business on a rental premises should not be a problem for you to send a legal notice and/or institute a summary suit.
Kumar Doab
(Expert) 01 July 2017
The company operating from rented premises should not be a deterrent to claim your dues.
If all efforts to settle amicable have failed, discuss with a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
P. Venu
(Expert) 01 July 2017
Rented premises, as stated, is not a constraint for filing a summary suit.
Kumar Doab
(Expert) 01 July 2017
Apply your resources and find out what assets this establishment/owner has.
Are they closing/winding up Or simply don't want to pay and repel you till limitations sets in!
In the meantime approach a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
Rajendra K Goyal
(Expert) 01 July 2017
You can proceed to file suit for recovering your dues. Engage services of some expert lawyer in the field.
sajoli
(Querist) 01 July 2017
At the outset thanking to all seniors to share there valuable advice. At this point my query is only that if I will get decree in my favour how would I I'll recover my outstanding due to all there rental property what should I attache to recover my outstanding dues.
Kumar Doab
(Expert) 01 July 2017
Spend some quality time with all case docs on record with a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
Advocate Suneel Moudgil
(Expert) 02 July 2017
you didn't filed the case and thinking of attachment, not professional approach, first of all send legal notice, then file case if decreed then execution if they do not pay.
In the meantime get detail regarding their property and property means building , machinary , car, bike, jewellary, appliances, gadgets, bank accounts, shares etc and list is much more
you can also file winding up petition before ROC due to inability to pay debts, this is the best way to get quick relief and your money.
for further details call/mail me
Advocate Suneel Moudgil
(Expert) 02 July 2017
you are further advised to engage one prudent lawyer who deals in such matters, you can search from the database of this site.
Hemant Agarwal
(Expert) 03 July 2017
1. IN such type of cases and examples, the recovery and actual attachment proceedings, would not be possible, even after all the hairs have turned grey and the personal bank balance is exhausted.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 03 July 2017
Consider the advice of Mr. Hemant Agarwal.
Spend some quality time with all case docs on record with a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
Your counsel(s) may opine that company office being in basement, top floor building having lift or staircase does not matter and the docs on record shown by you does not make the matter as academic or hypothetical.
