Civil Procedure Code (CPC)

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Raj Shah (Owner)     20 August 2014

Help in non payment issue

I am recruitment consultant. One of the company is not paying me money for the recruitment i have done for them. i have given them 4 candidates for 1 they have given after long time.. however, they are not answering for the next three. What can i do to in this case as i am sure if i file a case not sure when the result would come.

Please advise..

Regards,

Raj Shah



 7 Replies

Satyadarshi Kunal (advocate)     22 August 2014

Dear Mr. Shah

You may choose to send the company a notice of recovery and if in any possible way, if the company has admitted the debt, you may file a winding up petition before concerned high court. The recovery of money will be speedy in second option.

For any further clarification, feel free to revert.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 August 2014

Arrange to send a legal notice through lawyer.After their reply, you can step further to recovery of money.

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

what you can do is try and negotiate the amount initially incase you want to settle amicable since thats what I understand as per your question. if not.

 

First send the legal notice for recocvery of your money (Demand).

1. you can ask for payment by cheque and deposit immediately. if it is dishonoured then you can go ahead with summary case for 138.

rajasekaran (director)     01 September 2014

Register yourself (if you have not done ) as an Micro Small Enterprise , for Services, and approach the MSEF Council for recovery of dues with compound interest.

 

Hardeep (Business)     05 September 2014

To me looking towards a winding up petition is not the solution, even if the Company admits to the debt since in addition you will have to prove the company is commercially insolvent , AFAIK.

if you have a written agreement and/ or the debt is acknowledged a Summary Suit under Order 37 CPC may be a faster recourse.

A petition via the MSEF Council could also be a solution as already suggested.

However, if it is a reputed company perhaps just an initial legal notice will suffice.

Harinath (employee)     21 October 2017

Sorry. I posted my case in wrong thread. I did'nt know how to delete.

Law Aspire (Legal)     19 June 2018

you can send a notice under the Insolvency and Bankruptcy Code and later on can file petition in NCLT under the IBC code


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