Civil
Vijaya Poornima
(Querist) 07 June 2012
This query is : Resolved
Hello,
I am an advocate.I wanted to take your guidance in a case. The details of the case are given under:
A,a company is engaged in the business of supplying goods to others via sea route. "A" engaged "B" (my client) clearing and forwarding agents to clear the goods and to deliver the same to "X", at dighi port. The goods were properly insured. There is no written contract between "B" and "X" with regard to the supply of goods. Since, they knew each other for a very long time and there exists business relationship between the two, "B" had supplied goods to "X". Now, the problem is "A" company is not traceable. "B" has spend lakhs of rupees for the transaction. "X" denies his responsibility for making payment. All the written communications were between "B" & "X".All business documents were executed between the parties as per customary commercial transaction
Now my question is whether "B" can recover the amount from "X" because he has supplied goods to "X"?
What is the correct position of law relating to the position of "B"?
Any decided cases in this regard?
ajay sethi
(Expert) 07 June 2012
B has been engaged by A to supply goods to X . the liabilty to make payment is that of A . B should have before supplying goods ensured that it received full payment for supply .
when B agreed to supply goods it should have ensured there is written contract specifying charges to be paid for supply of goods .
since there is no contract between B and X b cannot hold X repsonsible to make payment
Sankaranarayanan
(Expert) 07 June 2012
Yes wirthout agreement or invoice or any purchases order. It is dificult. First ask b to send x for confirmation of account with official stamp for audit purposes. Once they accept it that is the due as per the books of account. On the confirmation of balance u can file the cae
