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how do i recover dues from a european buyer who refuses to p


Hello,

I have a buyer from Europe with whom we have been dealing for 3-4 years. Due to a good payment history, we extended better payment terms (30% advance, balance 30 day clean credit).

He is now refusing to pay the balance amount, citing some flimsy reason for rejecting the goods and neither is he returning back the goods.

We have exhausted all options in communicating with him. Can someone advise on what legal options are available to recover this money? Or what government bodies can we approach to blacklist this buyer?

Thanks in advance.

 
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Prakash Legal Clinic Haridwar

Dear o

First furnish him legal notice.

Where and which mode you have given him payment ?

If payment given in India than you can recover  amount by file suit in Civil Court.

You can also file suit in India u/s 406 IPC

 
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Dear Mr. Prajapati,

I have not given him any payment. I am the seller (exporter) and this European company is the buyer (importer). They have paid me 30% advance (in Euros) by T/T based on which we have exported the goods but are refusing to pay the balance amount and neither are they returning the goods.

Will a civil suit filed in India have any meaning for this european company? I know that they are regular importers from India, so is there some way to blacklist them in customs? 

Thanks for your help.

 
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Dear Amit,

Even in that case, I find the advice of Mr. Prajapati suitable in your case. 

 
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Corporate Lawyer

Dear Amit,

The first and foremost thing is when any Indian Company enters into contract with any othe entity from foreign nation, a service agreement/contract is executed which contains a clause of arbitration. So far as multi national transactions are concerned where dispute arise, you can eithe sue the foreign national company for recovery of money in Indian Land the transaction having taken place in India or else if the arbitration clause is there in the agreement, you can proceed for arbitration proceedings before International Council for Arbitration. 


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