Recovery
PARMESHWAR SHARMA
(Querist) 09 February 2012
This query is : Resolved
I HAD SUPPLIED THE MATERIAL TO A GUJRAT PARTY IN 2004, BUT UPTILL NOW THEY NOT GIVE ANY PAYMENT AGAINST OUR THAT SUPPLY, AS WE HAVE ALL PROOF OF SUPPLY & THEIR PURCHASE ORDERS & CONSIGNEMENT NOTES & QUOTATIONS & THEY ISSUED US C FORM ALSO. I WANT TO KNOW CAN WE FILED A SUIT AGAINST THEM OR NOT? WE ALWAYS GIVE THEM REMINDERS BUT WE NOT GET ANY SINGLE REPLY IN WRITTEN FROM THEIR SIDE. THEY ALWAYS ASSURE ON PHONE ONLY THAT THEY WILL RELEASE SOON.
ajay sethi
(Expert) 09 February 2012
file summary suit after issue of legal notice
Arvind Singh Chauhan
(Expert) 09 February 2012
Yes issue legal notice then file recovery suit keeping in mind that limitation is going off.
prabhakar singh
(Expert) 09 February 2012
AS THE TRANSACTION RELATES TO YEAR 2004 AND THEY HAVE MADE NO ACKNOWLEDGE OF DEBT SO FAR HENCE YOU CAN not FILE ANY SUIT OF RECOVERY NOW AS THE SAME HAS STOOD TIME BARRED.
PRIVATE DUNN IS ONLY WAY NOW.
Sailesh Kumar Shah
(Expert) 09 February 2012
I have similar opinion as Mr.Prabhakar Singh.
PARMESHWAR SHARMA
(Querist) 09 February 2012
If i file a suit against that firm, is it possible that i can fight or it will rejected by at the time of submitting court fees. if ideposit the court fees & aftr that my case reject to fight...will i get back my court fees or it will forfitted.
M/s. Y-not legal services
(Expert) 09 February 2012
you case will not be numbered due to limitation..
because you should be initiated the proceedings with in 3 years from the date of last cause of action..
if there is any part payment made also yoou can try to create cause of action.. but..
-tom-
V R SHROFF
(Expert) 09 February 2012
Your case is barred : Limitation period of Three years already over!!
Devajyoti Barman
(Expert) 09 February 2012
Time bared money claim has no remedy.
Raj Kumar Makkad
(Expert) 09 February 2012
Recovery of time barred debt cannot be made.
prabhakar singh
(Expert) 10 February 2012
If you shall file the suit you shall loose for no good reason about 7 to 8 %court fees also besides advocates fees and sundry expenditure.
PARMESHWAR SHARMA
(Querist) 14 March 2012
I SEND A NOTICE TO THE PARTY AS WE ARE GOING TO TAKE LEEGAL ACTION AGAINST THEM, BUT HE REPLIED THAT THE GOVERMENT OF MAHARASHTRA HAS BEEN DECLARED THEM SICK PARTY, NOW WE CANNOT FILE A SUIT AGAINST THEM. HE IS ACCEPTING THAT OUR DUES ARE STILL PENDING WITH THEM. CAN WE FILE A SUIT AGAINST THEM AS GOVT HAVE BEEN DECLEARED THEM SICK PARTY. AS PARTY CONFIRMED IN WRITEEN ON COMPANY LETTER HEAD ABOUT OUR PENDING DUES, OUR TIME CAUSE WILL START AGAIN ON THAT LETTER DATED OR NOT?
