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Harinath (employee)     14 June 2016

Winding up suite

Hello,

I own a small engg workshop and I'm not paid by a public limited company for successfully completed work orders. The dues are more than Rs. 25 Lakhs (have purchase orders, customer took delievry, have Dellivery challan and material acceptance notes from that public limited company). There is also another set of completed work orders for another Rs. 30 Lakhs that this company is refusing to take delivery inspite of sending reminder notes and proforma invoices to them. I have sent remainder emails to the managing director, CFO, VP's and purchase order teams but none of them respond to my emails and when i go their office I am not allowed to meet the MD.

So, how do i recover my dues from this public limited company? How do i ensure that they pay and take delivery for work orders they refuse to take delivery?

I went to a law firm and they say i need to file "winding up" case. I read about winding up on google but not convinced. so please help in cases that i can file against the management of the public limited company refusing to pay me..

Can i file IPC 420 case against them?
What recovery suit can i file in the civil court and under what CPC sections? How time does it take to case closure?
Can i ask the civil court to pay for principal and intrest charges?
What is your suggestion on winding up suit?
Can i file all these cases simultaneously?
What is arbitration? I read this is one possible option,

Kindly help with your suggestions. Thanks.



Learning

 3 Replies

Kumar Doab (FIN)     14 June 2016

You have posted that:

"There is also another set of completed work orders for another Rs. 30 Lakhs that this company is refusing to take delivery inspite of sending reminder notes and proforma invoices to them."

"none of them respond to my emails and when i go their office I am not allowed to meet the MD."

 

Do you have any evidence of it; (audio/visual/witnessed/minuted)?

Is there any admission of debt by the company?

 

Everything that you are contemplating might be possible.

However you need to show all docs on record to a very able counsel specialzing in such matters and after due examination of docs and inputs your counsel can render a considered opinion.

 

 

Harinath (employee)     14 June 2016

Dear Kumar, Thanks for your reply. Yes, I have been sending them emails since Nov 2015, more than 9 reminder emails have been sent to the company, wherein 2 emails are also marked to the Managing Director but they wont respond. I have proforma invoices sent across emails, and multiple email copies, hope this is enough documented evidences and hope emails are permissible evidences in courts. 

I would really be thankful on suggesting about my next moves. My business will collapse if that public limited company wont pay me. 

Thank you.

 

Kumar Doab (FIN)     14 June 2016

You have received some advises in other thread also at:

 

https://www.lawyersclubindia.com/forum/Debt-recovery-from-a-public-limited-company-138414.asp

 

However you need to show all docs on record to a very able counsel specialzing in such matters and after due examination of docs and inputs your counsel can render a considered opinion.

 

Do you have a union also?

Try to get soem inputs,support, intervention from them also.

Do you have confirmed orders also against which you have manfactured and supplied the goods?

Apparently if company has remained silent it has not admitted the debt.

 

 

 

 

 

 


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