Legal Question in Credit and Debt Law in
Dear sir,
we were appointed as mobile phone distributor in delhi by punjab based company , while they were having their corporate office in delhi.
but suddenly one day they winded up their delhi office , stating as they are having losses in delhi branch but they will continue the service for mobile phone in punjab.
as we were selling mobile in delhi , it is diffcult for us to send mobile everytime to punjab service centre for repair ( as these handset are with one year guarantee) .
so we urge them we don't want to continue like this , so please take the fresh stock return.
we are holding stock of worth Rs 950000.after lot of discussion , they agreed on term that - they will take the stock return on Rs 50000 less and will issue the cheque of 4 mth post dated cheque in 2 part .
now we have a doubt if we take the cheque , they might get the cheque dishonored.
what if they stop the cheque - on previous account basis ? or cheque get dishonored on insufficient basis.
how can we get our money back.?
What are the document we should take from him at time of handling over the stock and receiving the post dated cheque , to safe ourself ?
Once the case is in court , what is the average time case will get solved ?
Where do we have to file the case in delhi or punjab ?
pls advise , what to do in this situation.
2 Answers from Attorneys
now we have a doubt if we take the cheque , they might get the cheque dishonored.
Your doubt seems to be well founded
what if they stop the cheque - on previous account basis ? or cheque get dishonored on insufficient basis.
how can we get our money back.?
Your remedy in case of dishonour of cheques, would be two fold. One to file criminal complaint under section 138 Negotiable Instrument Act. Second option would be to file civil summary suit under order 37 CPC for recovery of your amount.
What are the document we should take from him at time of handling over the stock and receiving the post dated cheque , to safe ourself ?
The document must show that they admit the liability of the amount. the document must state that in order to discharge the liability of the said amount they are issuing those cheques and that they ensure that the cheques would be honoured on their presentation. That they have wound up the delhi office for their own reasons.
Once the case is in court , what is the average time case will get solved ?
No one can give any opinion on the time taken in the court
Where do we have to file the case in delhi or punjab ?
The cases you will be able to file in Delhi. I am assuming handsets were supplied in Delhi, the cheques now are being issued at Delhi out of bank at Delhi. If the cheques would be issued from Punjab with bank in punjab, then, there are conflicting views of the High courts as to filing of cheque dishonour case at delhi or punjab.
pls advise , what to do in this situation.
why would you give a discount of 50000 on return of sale and receive post dated cheques and not draft
instead of a cheque you may insist on demand draft and in case they still do not accede to your condition, you may accept the cheque and once the cheques bounce, you may file a suit for recovery and complaint u/s 138. you may also approach the Economic Offence wing for the fraud they committed.
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