Legal Question in Credit and Debt Law in India
Non payment of dues
I am a civil contractor based at Lucknow. A Pvt. Ltd. Company has issued workorders for civil and electrical works to the tune of Rs. 42 lakhs out of which only 12 lakhs have been paid as advance. Balance 30 lakhs are pending for the last six months. I have sent a legal notice also but there was no response. Only after followup, the company has issued me a letter stating the balance amount pending for payment. Still they are not committing any timeframe for making the payments. The owner promoter of the company are us citizen and are based over there.
kindly guide as to what are the legal remedies available to me besides going to court? Can I submit my compalin in the ministry of corporate affairs/company law board etc. to apprise them of the developments. There are many other vendors like me, may be 30-40 odd contractors who are in a similar situation.
please guide.
4 Answers from Attorneys
Re: Non payment of dues
Hello.
Good Afternoon!
You have got number of remedies to deal with this situation.
1. If in case the the company is incorporated in India then you may approach to Court of Law for winding up.
2. File a suit for recovery.
3. File a cheating case against the company & directors.
4. You can intimate the US Embassy to take appropriate actions in charges for cheating.
Re: Non payment of dues
Yes, you may approach the company law board as also the US consulate-general; you may also consider filing a petition for winding up of the company.
Re: Non payment of dues
There are number of ways to appraoch it:
a. If the company is incorporated in India, you can appraoch Court for winding up;
b. You can file a civil suit for recovery + implead promoters as well whilst calling upon the court to lift the corporate veil and hold promoters liable as well;
c. File a criminal complaint against the company and directors / promoters for cheating;
d. You can also write to office of U.S Attorney general, Newyork calling him to take appropriate action for the fraud / cheating;
Re: Non payment of dues
First of all the main important aspect to be thoroughly checked is that whether the work has been executed to the satisfaction of the company and within the time frame.
If you had done the same within stipulated time then you have every right and remedy to get back the money due towards you.
Since you have already waited considerable time then file suit for recovery of money as well as breach of contract and obtain ad-interim injunction against the assets of the company and its directors/members as whole.
Secondly file a complaint with Company Law board and ROC(registrar of companies)along with state police for cheating and also i want to know that whether the company is listed or not.
Be Careful and thoroughly cautious before going ahead and see that you come neat and clean . All the Best.