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Dineshkumar BH (Partner)     18 February 2015

Payment of counsulting

Dear Sir/Madam

My name is Dinesh from Bangalore. I worked as a consultant for Apollo Mediskill chennai for mobilizing the students for their government project. Before signing contract i had gone to chennai, after they  sent contract letter to my bangalore address. Then i started to work. In the month of may I have submit all documents related my work along with invoice. The invoice amount is  5,55,000/-.

After 15 days I stared fallow up for my payments. I called and mailed many times they did not response, then visited the chennai office 16-8-14, after that  28-8-14 they released 1 Lakh(1,00,000) and told we will released rest of the amount shortly.  After 1 week again I started calling and mailing them rest of the money, there is no response from them.

After that I consult a lawyer,  he sent  legal notice on 10-10-14,  no reply or response from them to that notice, for that my lawyer told me,  we will file cheating case at police station and then file case. I said Ok. Then he refer another lawyer and said that on work he will be going out of station.

Then I met another lawyer which he refer and said full story about case. Then lawyer suggested me, this time we will send "company winding up" notice, definitely they will come to settlement. I said yes and sent another notice. Again no reply for that notice and one doctor called me we will settle the case, he has taken 15 days time. Then he called if i wish they are ready to pay total 3,00,000/- on the invoice amount. when i asked them why they told reason they did not get money from government. I said its not mentioned in the agreement and need full amount. They said we will not pay as you asked if you can go to court. 

Now that lawyer saying we will file winding petition. Now he is telling me to find some one advocate who working high court. Now I am disappointed. I request in forum please guide me what is the best way recover my money and also if some one in bangalore handling this case i am very happy. 



 9 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     19 February 2015

Dear, File recovery suit and recover your money ... Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     21 February 2015

Yes you can go for filing winding up petition to recover your dues or on the basis of the documentary evidences in your possession  you may file a money recovery suit too.  If you find this lawyer is not cooperating, you may look for another person, for that you may search for a better lawyer yourself or try from the data base of LCI

Biswanath Roy (Advocate)     22 February 2015

In your case criminal proceedings cannot be followed  because part payment was made by the opposite party.  If the opposite is a Company registered under the Company Act then by posing threat  for filing liquidation petition balance amount can be recovered. If you file summery civil suit for recovery of the dues you shall have to bear the burden of  heavy court fee costs.

Dineshkumar BH (Partner)     23 February 2015

Thanks Elders

Your valuable time spending and advice. 

Nadeem Qureshi (Advocate/     02 January 2016

immediately file a civil suit for recovery against them before civil court and claim your money with interest and alson claim damages and litigation charge.


Feel Free to Call

compliance   02 June 2016

Firslty you need to recover all that issues and than start consulting with expert about all these issues.

Ms.Usha Kapoor (CEO)     10 September 2016

Agree with  experts.

SHARAD CHANDRA DANEJ (Asstt. Manager)     13 November 2016

Out of Rs. 5.55 lacs they have paid you Rs. 1 lac and remaining amt is Rs. 4.55 lacs. They are ready to give Rs. 3 lacs. Try to negotiate with them and ask them Rs. 4 lacs. You are free to file a recovery suit but then it would take lot of your valuable time and money. So its better to negotiate with the company and get as much as you can.

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ANUP KUMAR (AVP-LEGAL)     22 November 2016

Mr. Roy has given you correct advice. In case of company, it is advisable to file winding up petition in jurisdictional High Court. It is less expensive. On the very first date of hearing the opposite party has to pay / give commitment for payment of admitted amount. Your claims on face of it appears undisputable.

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