Recovery
PARMESHWAR SHARMA
(Querist) 14 March 2012
This query is : Resolved
I HAD SUPPLIED THE MATERIAL IN 2004 TO A COMPANY OF MUMBAI, BUT UPTILL NOW THEY NOT MAKE ANY PAYMENT & NOW I SEND A NOTICE TO PARTY TO SUIT A LEEGAL ACTION AGAINSTHIM BUT HE REPLIED THAT THE GOVERMENT OF MAHARASHTRA HAS BEEN DECLARED SICK PARTY, SO WE CANNOT FILE A SUIT AGAINST THEM. NOW MY QUESTION IS THAT HE ACCEPTING THAT OUR DUES ARE STILL PENDING WITH THEM BUT WE CANNOT FILA A SUIT AGAINST THEM DUE TO SICK PARTY. NOW PLEASE CLEAR WE CAN FILA A SUIT OR NOT AS AFTER RECEIPT OF PARTY CONFIRMATION IN WRITEEN ABOUT OUR PENDING DUES, OUT TIME CAUSE WILL START AGAIN ON THAT LETTER DATED OR NOT?
ajay sethi
(Expert) 14 March 2012
you have supplied goods in 2004 . you ought to have filed suit within 3 years . your claim is barred by limitation .
however if you have any acknowledegement of liability the you cna file suit within 3 years of said acknowledgement .
how cna govt of mahrashtra be declared sick ?
contact a local lawyer .
PARMESHWAR SHARMA
(Querist) 14 March 2012
My lawyer get received a letter from the party that due to un-recovered position of company their firm have been decleared sick & they are also fighting a case in some kind of special company cases..i dnt know the name. my question is that on behalf of that letter can our cause of time started again on that letter date or not.
Deepak Nair
(Expert) 14 March 2012
On the basis of acknowledgment of the liability, you are well within the period of limitation.
Shonee Kapoor
(Expert) 14 March 2012
Yes, it can.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARMESHWAR SHARMA
(Querist) 16 March 2012
The party to which i supplied the material, have been decleared sick and in BIFR that party case is going on, so now please guide me if i lodge a claim in BIFR for my amount..Will i get my payment or should i file a suit. As per section 22 if the party is declared is sick we cannot file the suit but as i am secured liablity after govt liablity of party...is safe to lodge a claim in BIFR instead to file a suit. Please guide
ajay sethi
(Expert) 16 March 2012
if company is BIFR case secured creditors workers will be paid first . find out how many secured creditors are there , claims made . it would be futile ecxercise if liabilites are more than assets .
