Recovery of money
Sandeep Didwania
(Querist) 13 October 2012
This query is : Resolved
hello, one of my friend is a mobile dealer and sells mobile to a mobile store on credit,after 2 years of transection the owner of the mobile store suddenly stopped making payment to my client, and his account shows a debit balance of Rs. 1,50,000.he also issued a lawyer's notice asking him to clear the outstanding bill amount, but he did not turn up. now my friend wants to file a money suit against him. he has the complete account statement maintained by him of the owner of the mobile store showing all the details regarding goods sold and cheques recieved by him. he also have the bank statement where he deposited the said A/c payee cheques. but do not have any document signed by the accusd owner.can he file any money suit with such documents??? plz advice...and plz also mention what other documents would be necessary?
V R SHROFF
(Expert) 13 October 2012
If hv chq, try 138 ni
Sandeep Didwania
(Querist) 14 October 2012
BOTH ARE DIFFERENT CASES SIR.
NO CHEQUES........BUT HE HAS SOME CHALLANS WHICH WERE SIGNED BY THE DEFAULTING DEBTOR AT THE TIME OF RECIEVING THE GOODS.
prabhakar singh
(Expert) 14 October 2012
IF A/C BOOKS ARE MAINTAINED IN REGULAR COURSE OF BUSINESS AND CASH IS BROKEN DAILY THEN THEY ARE RELEVANT AND ADMISSIBLE IN EVIDENCE.
BUT THEY SHOULD BE SUPPORTED WITH BILL AND VOUCHERS TOO AS THEY ALONE CAN NOT FASTEN LIABILITY.HENCE IF THERE IS EVIDENCE OF DELIVERY OF GOODS,SUIT CAN BE FILED.
Sandeep Didwania
(Querist) 14 October 2012
@ Mr. Prabhakar singh- but sir here the defaulting debtor was paying in lump sum and not as per bills as a result a certain amount remain unpaid. i do not have all the vouchers but a few to establish the fact that there were transections between both the parties. and a/c statement to show the entries relating to goods sold and payment recieved and such a/c statement will also show the amount which remain unpaid
prabhakar singh
(Expert) 14 October 2012
You do need to prove bills unpaid.After all you have cheques.
