Legal Question in Credit and Debt Law in India

I had raised a bill against supply of Material worth Rs 12,00,000.00 plus CST on verbal and repeat order.

Earlier to this supply our client used to pay properly.

However in the last order they pointed out technical problem which was attended duly.

Latter client found the same problem in earlier supply and took his own action to cover the problem for which he claims had caused him incidental expense worth Rs 12,00,000.00 which i do not approve of.

However before i proceed to drag him i had following to declare

1) The Order was verbal but repeat however the same is supported by Transit Insurance, LR Copy ,Commissioning Report,Performance Report

2) I was waiting for "C" form .The Receipt of "c" form would had made by case stronger.But Till date we had not received any "C" form and that has pushed my Patience and i dont find that he will issue the same.

Kindly suggest in what way to proceed.

Thanking you

sanjay : 09321368220


Asked on 9/03/10, 8:11 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

if you have invoices with terms and conditions printed on it, then coupled with transit insurance, LR copy and commissioning report, you may please file a civil suit of summary nature - order 37 suit for recovery for the supplies you have made. the same will include claim for c form or the tax amount in the alternative

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Answered on 9/03/10, 8:25 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a suit u/o 37 of civil procedure code and as it is a summary procedure, you may be able to recover your amount with interest as well as c form in case you pray for it.

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Answered on 9/03/10, 10:33 am


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