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tauras print   28 June 2020

payments defaulting

I am a msme company my outstanding with a defaulting company has not paid my company for last 7 months even though they have claimed full gst returns

the company has serially defaulting many msme cos like me

I had his PD cheque which had bounced , but on his request that he has met with accident we had not filed a case on time and now rhat cheque is 5 months old

can I get payment for my and my other friends

Ashok
9820284841


Quick Summary
This discussion addresses the issue of MSME companies facing non-payment from a defaulting client for over seven months, despite the client claiming full GST returns. The client has a history of defaulting on multiple MSMEs and has provided a bounced cheque. While a bounced cheque typically allows for action under the Negotiable Instruments Act, the delay in filing a case due to the client's alleged accident means this route may no longer be viable. The recommended course of action is to file a suit for recovery under Section 12 of the Commercial Courts Act, 2015.

 2 Replies

Dr J C Vashista (Advocate)     29 June 2020

You may file suit under Section 12 of  Commercial Courts Act, 2015 for recovery of specified amount.

Sunayana Chhabra   05 July 2020

You will have to file a suit for recovery. You could have filed a complaint u/s 138 N.I.Act if you would not have delayed when the cheque was bounced. Go for suit of recovery. Feel free to contact at sunayana122@gmail.com for further assistance.

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