Recovery of monies from foreign company

Querist : Anonymous (Querist) 04 August 2010 This query is : Resolved

What procedures to be adopted legally to recover the money paid in advance by T/T to a company, which after receiving the money, failed to ship the materials contrary to its delivery commitment and cut off the total communications ( i.e. tel./fax/ e-mails etc.,) deliberately.

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S. Bharath (Expert) 04 August 2010
Two basic information are needed: [1] Where was the contract entered into? [2] Does the foreign company have an office in India? Please post the relevant information so that Ld. members can give proper and informed opinion.

Querist : Anonymous (Querist) 04 August 2010
1) Based on party's e-mail offer, purchse order was placed in Mumbai and sent to party at their foreign address for acknowledgment and party acknoweled the same thru email and raised Proforma Invoice and payment was made by T/T against P.Invoice.

2) Foreign Company has no office in India

s.subramanian (Expert) 04 August 2010
do not worry. you can approach the courts in india since the cause of action arises in india.

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