Upgrad LLM

payments not being done for goods supplied


Dear Sir , 

Ours is a small scale Proprietorship unit manufacturing Electrical goods. It is a general practise to provide credit facility of  45 to 90 days for survival in the market. Also some vendors insist on supply of goods in CASH if we are to remain in business with them. 

Under such circumstances I have faced the following incidents in the course of my business :

(1) We have been supplying goods to one of the vendor for last more than a year. He used to give the payments in cash after             3 to 6 months. We had good relations and we were receiving good orders from the vendor. Recently he started delaying the           payments but he gave good orders too. At one point of time the payments climbed up to more than 1.0 Lakhs and we insisted         in giving the payments as we were also facing financial constraints. We had to stop supplying of the goods to the vendor. The         vendor was unhappy for stopping the supply of goods. Initially he committed of giving the payments in instalments but even           after repeated follow-ups he never made the payments. He voluntarily said of returning the goods but that too was never                 done. I am now in a fix as I am not getting my payments. As a small time manufacturer and huge market competition                       the goods which we make hardly have good margins and with such episode I may have no option but to shut the door. Please       guide us as to how can my payment be recovered.   

(2) I had received a good order from one of my corporate clients. Initially it was agreed that the payments would be done in 60             days. Under those conditions the goods were being supplied. The payments were released as agreed. Subsequently another         order was provided and the supply of goods was done. Before the due date of the payment, goods worth Rs:2.5 Lacs were             already supplied. We had even taken few post dated cheques worth Rs: 80,000/-  for the payments. Under such conditions             the company suddenly had some financial issues and they stopped payments. The company went into liquidation and our               payments could not be recovered. Even the post dated cheques got bounced for insufficient funds. The total outstanding                 was Rs: 2.5 lacs but because of adverse conditions I could not get the payments. Please guide us as to how can my payment       be recovered.       

   REGARDS 

    NARESH 

M: +91 9323781627 / Email : naresh.1964@rediffmail.com

 
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In the first case if your customer is worth try to get a cheque and present it. It will get bounced. Then file a Petition under Sec.138 of the Negotiable Instruments Act. If your cusotmer is not worth, then try to get the money in instalments.

 

In the second case as the company is already under liquidation you have to approach only the liquidator for realising your amount. Note that you will be prorata only after the first charges are paid.

 

 
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Lawyer

Commercial query.

Consult and engage a local lawyer to provide professional service.

 
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