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Maneet Dewan   17 October 2018

Payment Recovery

We have been a service provider to a university for over 10 years and were receiving payments as per terms of our agreement. the last vice chancellor terminated all service providers and stopped their due payments for his vested interests and was later arrested.
The successive vice chancellors made high level committees which after obtaining legal opinion approved that the payments were due and also tabulated the due amount. few service providers had at that time (2014) approached the court and their show cause was stayed but we were terminated & did not go to court. Recently the court decided in favour of petitioners and ordered the university to release their payments.
We have been told that we cannot now file the case as it has been more than three years now even if our payments were approved by the committees.
The committee decision was made one year ago only. now is their any legal remedy for us?


Learning

 5 Replies

Sudheendra (Social worker )     18 October 2018

We have been told that we cannot now file the case as it has been more than three years now even if our payments were approved by the committees.
Who said this ???

now is their any legal remedy for us?

approach an advocate locally who can understand your concern and provide all related documents related to the transactions for which you intend to make a claim.

If all the documents you posses are proper evidences then the said judgement (in your query) might also come handy in appealing for recovery of due funds in your favour.

Dr J C Vashista (Advocate)     18 October 2018

Consult and engage a local lawyer for analyses of the facts of dispute, guidance and proper proceeding.

Maneet Dewan   18 October 2018

Sir If merit of our case has all documentary evidence can we approach the court after a period of 3 years? That's my main query

P. Venu (Advocate)     18 October 2018

Yes, the facts needs to be discussed and documents perused.

Saurendra Rautray (advocate)     12 April 2020

Hi Mr Maneet,

The question of limitation is a mixed question of facts and law. It would be difficult to give a opinion on the basis of what you have written but premilinary as to what i understood is that the committe has written to you a year ago and hence on that basis i still think that you are within limitation period and you can file a case before the MSEF council.

Saurendra Rautray

Rautray & Co

New Delhi

www.rautray.com

9437008255


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