Shahin 18 July 2022

Unpaid transaction for marketing agency with one hospital

one hospital has been assigned for digital marketing. we have promoted the product and services, doctors. Then some sort of verbal affinity developed between the company and Hospital, we have done many marketing campaign but a portion is released and rest amount is not provided to the company despite several visits, meetings.
thus what should be done to recover the rest of the amount? kindly help as to what should I write specifically in the petition.

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 July 2022

as per agreement clauses between you and hospital to be followed

LCI Thought Leader Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT) 23 July 2022

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When you say a portion is released and remaining portion is not paid, I understand that what you say is also in line with agreement and clauses thereof.

You can check your agreement for payment terms and dispute settlement process. If the clause of payment terms is violated, you need to follow the process stated in dispute resolution clause. E.g. payment terms may provide that payment should be made in 1 month from invoice but even if it is not paid till one year, it should not be considered as default. Dispute resolution clause may provide for jurisdiction and forum for resolution e.g. court or arbitration and you need to follow the same.

If there is no agreement, matter will be simply governed under regular process i.e. you need to file a proceeding in a civil court/ commercial court for recovery of the amount.

In either case, begin with issuing a notice for demand following a suitable proceeding as above. Notice is not mandatory as such but at times disputes get settled at the stage of notice.