Payment not made against supply of goods

Subramani (Querist) 18 April 2010 This query is : Resolved
Mine is a proprietorship firm. I have supplied chemicals to a pvt. ltd. firm during the year 2004-05 and 05-06. As the said company defaulted in payment, I stopped supplying chemicals from April 2006. The outstanding at that time was around Rs 7.5lakhs. The company paid back around Rs 2.5lakhs in bits and parts thereafter till november2009 and then stopped paying completely.
I have sent them a notice through an advocate but they replied back denying the allegation. I now intend to go to court but I have lost most of the supply challans which is the proof of delivery. The only proof would be their balance sheet. I am sure my outstanding must be reflecting in their balance sheet. Please let me know how should i proceed further and whether i should file the case against them. Thanks

Follow Query

Report Abuse

Parveen Kr. Aggarwal (Expert) 18 April 2010
A suit is initiated from plaint (pleading) and whatever is pleaded in the plaint is to be proved by the plaintiff. Although the period of three years from the date of supply of goods (or date fixed for payment) have already expired yet if the purchaser has acknowledged in writing about his liability or has made part payment then fresh period of limitation for three years begin therefrom. First ensure that you can prove the acknowledgement. You may get certified copy of the income tax returns of the purchaser along with his balance sheet wherein liability towards you must have been shown. If you are sure that you will prove your case, you may insitute suit for recovery of the goods supplied together with interest and costs.

Guest (Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE RECOVERY OF OUTSTANDING AMOUNT KINDLY NOTE THAT

1.YOU MAY FILE A MONEY SUIT FOR RECOVERY OF OUTSTANDING AMOUNT BY ENCLOSING ALL DOCUMENTARY EVIDENCE AND ALSO PAYMENTS DUE AND PAYMENT RECEIVED.YOU SHOULD DRAFT THE SUIT BY COVERING LIMITATION PERIOD WITH PROPER REASONS.
YOU WILL SUCCEED.
THANKS.

Subramani (Querist) 08 September 2010
I have lost most of the delivery documents which are proof of delivery of material to the party. I don't have any proof to produce in court. However, I am sure it must reflecting in his Balance Sheet for the year 2004-05 and later. Can I fight on this basis?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now