Money Suit / Winding up petition
Querist :
Anonymous
(Querist) 28 July 2011
This query is : Resolved
Dear all,
My company has supplied material to another company amounting to Rs. 21,00,000/- in the year 2006 as per purchase order but due to high rising of price of raw material we felt to supply whole material and by executing risk purchase clause they claimed to be purchsed the goods from other co. We issued noticed to them towards recovering our claim of Rs. 21,00,000/- in reply they inform us about the said fact of risk purchase and made a counter claim of Rs 30,00,000/- after adjustment of said 21,00,000/- after that several communications hadbeen held without fruitful outcome. Now , I wished to proceed against them , is there any provision because as per my knowledge it has become time barred.
R.Ramachandran
(Expert) 28 July 2011
Your facts are not clear.
If you had already supplied the entire quantity for Rs. 21 lakhs, where is the question of the other party invoking risk purchase clause and buying the material from some other source?
Querist :
Anonymous
(Querist) 28 July 2011
No sir supply of material amounting to Rs. 21,00,000/- was a part supply out of total purchase order of Rs.100,00,000/- due price hike of raw material we couldnot performe and/or supply the whole lot and the said fact was duly intimated to them. As per the said purchase order the payment should be made within 12days from the supply but they did not pay that.
R.Ramachandran
(Expert) 28 July 2011
You people think that this Forum is a joke. You people do not come up with complete and full facts at the initial stage. You try to project only one sided version and try to get some soothing answers. You people do not realise that such short cut methods would not pay in the long run.
You only said that "My company has supplied material to another company amounting to Rs. 21,00,000/- in the year 2006 as per purchase order." It only gives an impression that the purchase order was for Rs. 21 lakhs and that you supplied the same.
But only when I asked a query, you are coming out with such a fact, which was not revealed earlier by you.
Querist :
Anonymous
(Querist) 28 July 2011
Extremely sorry sir I have only concentrated on the fact that what is the provision under limitation for filing the suit
ajay sethi
(Expert) 28 July 2011
1)as against total order of Rs 1crore you have supplied goods of the value of 21 lakhs only in 2006
2)it appears that subsequently you have issued legal notice wherein purchaser has made counter claim of rs 30 lakhs
3) since claim by purchaser was more than value of goods supplied by you ,you did not take any steps to recover the value of goods sold and delivered by you
4)it apears that more than 5 years have passed since supply of goods was made by you . your claim appears to be barred by limitation
R.Ramachandran
(Expert) 28 July 2011
Yes, I entirely agree with the views of Mr. Ajay Sethi.
But in any case, even according to you, the counter claim of Rs. 30 lakhs is after adjusting your original claim of Rs. 21 lakhs.
prabhakar singh
(Expert) 28 July 2011
Both experts have taken due pain to adeptly reply you.you have already sought excuse from Mr.R.Ramchandran,hence i am mum with hope no body misuses our social labor.
