Legal Question in Business Law in India

i own buying, and we make high fashion ladies garments. now one of our suppliers after having received a payment for the goods he made for us kept the BILL OF LADING o(b/l) of the same and came up with a completely fictitious unpaid payment from the past. he then used this bill as blackmail and demanded he would only give us the bill if we make him that payment .

even his own employ has himself confessed (i have recording) that the act is uncalled for and the sum he is demanding unethical and incorrect.

later we agreed as there was no other option and handed over the cheque . however after giving him the cheque we immediately informed him that we have cancelled the cheque as the amount charged is incorrect.

after sometime he said he admits the sum is incorrect and agreed to give a revised invoice. hence proving that the previous invoice was incorrect, he agreed to discussions on the new revised invoice. later when we proved him wrong and offered him payment for what was actually rightfully his he disagreed and now has giving us a notice to pay within 15 days.

I HAVE TELEFONIC CONVERSATION OF HIM ADMITTING THE SUM WHICH HE WAS ASKING FOR IS INCORRECT.

THE TIME GAP BETWEEN THE DATE OF STOPPING CHEQUE AND HIM GIVING US A NOTICE TODAY IS MORE THAT ONE MONTH!.

KINDLY GIVE ADVICE AS TO WHAT TO DO ? IS THERE ANY LAW IN THE INDIAN SYSTEM THAT HELPS PEOPLE LIKE US WHO ARE BLACKMAILED ?


Asked on 9/21/10, 3:45 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to send a reply to the notice with the help of a lawyer and you have a strong case where he himself raised another invoice wherein he admitted the revised liability. stop payment of cheque is also actionable under Negotiable Instruments Act but you may defend your case upon the facts.

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Answered on 9/21/10, 3:54 am
Vishwa Arya Arya & Co.

yes, but, please note that it would be a matter of trial in which you will have to prove the above conversation. Telephone recording is an evidence but read with circumstantial and not as a direct evidence. have faith, have patience, contest it and prove your point. you will come out of it. I hope you are not doing any further transaction with the supplier.

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Answered on 9/21/10, 8:35 am


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