Legal Question in Banking Law in India

About Stop Payment against billing error

Dear Sir,

We have big billing dispute with our one of client who billed us on higher side apart from quotation.....he threat us and stop our good after clearaing from the custom that he sold the goods against his worng statement in this regards we are pressureized by him to gave him two cheques against shipment now we stop that cheques in our bank.....kindly suggest what to do??


Asked on 3/18/09, 1:29 am

7 Answers from Attorneys

Ankur Mittal MITAL & MITAL Advocates

Re: About Stop Payment against billing error

Dear Sir,

You have two possible problems straight away:

a. Since you have stopped payment of cheques, the other party may resort to S. 138 proceedigns under NI Act;

b.How do you settle your accounts.

the possible solution is that,

A. Send the other party a legal notice detailnig all correct facts asking them to deliver the goods at the earliest on the agreed payment;

B. If the other party is not agreeable, file a civil suit to this effect;

Please contact a local lawyer for detailed and clear advise after having gone through your documents and understanding your case.

Thanks

Ankur Mittal

Advocate

MITAL & MITAL Advocates

[email protected]

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Answered on 3/18/09, 2:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: About Stop Payment against billing error

you can file a suit in civil court

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Answered on 3/19/09, 11:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: About Stop Payment against billing error

Since you had already given cheques against the bill, you may not be able to challenge correctness of the bill amount at this stage.

You should make payment of cheque amounts to avoid criminal prosecution under N.I. Act and suit for recovery.

The variation in quotation and bill may not be a valid defence.

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Answered on 3/18/09, 7:36 am
Pranav Desai PD Legal & Associates

Re: About Stop Payment against billing error

Its difficult to understand why the cheques were given. I believe you should consult a local lawyer.

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Answered on 3/26/09, 12:48 pm
J. Radhakrishnan independent Practice

Re: About Stop Payment against billing error

consult a local lawyer with all documents. send legal notice that the amount claimed by the client is not due to him. You must contend that the cheques were not given in discharge of any legal liability and only under threat. Go according to the local lawyer's guidance. No use in seeking solution in this forum.

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Answered on 3/18/09, 10:38 am
J. Radhakrishnan independent Practice

Re: About Stop Payment against billing error

consult a local lawyer with all documents. send legal notice that the amount claimed by the client is not due to him. You must contend that the cheques were not given in discharge of any legal liability and only under threat. Go according to the local lawyer's guidance. No use in seeking solution in this forum.

Read more
Answered on 3/18/09, 10:38 am
J. Radhakrishnan independent Practice

Re: About Stop Payment against billing error

consult a local lawyer with all documents. send legal notice that the amount claimed by the client is not due to him. You must contend that the cheques were not given in discharge of any legal liability and only under threat. Go according to the local lawyer's guidance. No use in seeking solution in this forum.

Read more
Answered on 3/18/09, 10:38 am


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