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NOT GETTING PAYMENTS FROM CUSTOMER
6 months ago
Hi we do hosiery business In our business we hire sales person or a commission agent to take order. So some X party give order to the agent and agent give order to us. We then supply goods with gst bill as well as eway bill . And after few days he denies to give payment to us. Can we recover that money with interest and legal expenses. And i am supplying goods from kolkata to jaipur .
A.Dear Client,
The nature of the dispute as stated by you is a commercial dispute as defined u/s.2(c) of the Commercial Court Act, 2015. A commercial dispute is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution. An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. As per Sec.13(1) of the Act, any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. So, in the prevailing situation, reach out to an Advocate handling commercial disputes for serving a legal notice to the errant party and for filing a commercial dispute before the Commercial Court for appropriate relief in the matter.
The nature of the dispute as stated by you is a commercial dispute as defined u/s.2(c) of the Commercial Court Act, 2015. A commercial dispute is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution. An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. As per Sec.13(1) of the Act, any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. So, in the prevailing situation, reach out to an Advocate handling commercial disputes for serving a legal notice to the errant party and for filing a commercial dispute before the Commercial Court for appropriate relief in the matter.
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A.Dear Client,
You may want to send a formal demand letter, requesting the payment along with any interest. If he still refuses to pay, you may need to consider taking legal action. In India, you can file a civil suit for recovery of the outstanding amount. Collect all relevant evidence to support your claim. This might include copies of invoices, delivery receipts, etc. Ensure that your e-way bills and GST documentation are in order. This documentation can serve as evidence of the transaction and may be needed in legal proceedings.
You may want to send a formal demand letter, requesting the payment along with any interest. If he still refuses to pay, you may need to consider taking legal action. In India, you can file a civil suit for recovery of the outstanding amount. Collect all relevant evidence to support your claim. This might include copies of invoices, delivery receipts, etc. Ensure that your e-way bills and GST documentation are in order. This documentation can serve as evidence of the transaction and may be needed in legal proceedings.
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