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Mandar Desai (BDM)     22 March 2011

Liabilities of an Indenting agent

We are an Indenting agents and we initiated a trade between one Indian party and one foreign party. Due to some reasons, the trade did not go through and the payment made by Indian party to its foreign counterpart was not refunded on time. What liability under the Indian corporate law do we carry? 



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 5 Replies

R.Ramachandran (Advocate)     22 March 2011

It will largely depend upon the terms of Agreement that you have entered into with your principal.

Mandar Desai (BDM)     22 March 2011

Thank you Sir for your reply. Let me give you some more details.

It was the first time we were doing indenting business with this country.  So we do not have any exclusive rights/ agreement with the principle. For this trade both the buyer and seller accepted and made the legal agreement. based on the terms, buyer made the advance payment by TT. Unfortunately, seller didnot abide by the contract and did not deliver the goods. Now 4 months after buyer is asking for the refund of payment (advance TT). Can you tell what is our (Indenting agent) responsibility in this when we do not have any legal documents signed for this trade.

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Manish Singh (Advocate)     22 March 2011

since you are not a party in any sort of agreement, you need worry. Let the Indian Party initiate legal recourse for its consideration.

Manish Singh (Advocate)     22 March 2011

 

 

since you are not a party in any sort of agreement, you need not worry. Let the Indian Party initiate legal recourse for its consideration.


Amit (Owner)     25 February 2014

Legal action against Indenting Agent


Sir, I am working as an indenting agent of raw materials for paper mills. Recently I have struck a deal between an Indian Paper Mill and a supplier in USA. The good was worth USD 30,000 and the supplier has supplied inferior material which is completely unusable to the paper mill. Now the supplier is not remitting the claim amount even after accepting that inferior material was supplied. Can the paper mill file a legal case on me when the paper mill files an international case against the supplier. I have not entered any legal agreement with the supplier or the buyer except the Indent letter (with all details of the supplier and to open the LC) to the buyer and they are now claiming the amount from me.

Your expert comment would be highly appreciated.


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