factory not giving payment of maintenance related work factory not giving payment of maintenance related work

5 months ago

I do contract of maintenance/services works in factories, One of a factory is not releasing payment of the work done whereas the work has alrady been done. No work order has been provided. The said work was of 25 days only.

Legal Counsel Vidhikarya

Responded 5 months ago

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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 trade or 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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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 5 months ago

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A.Dear Client,
Review the terms of your contract. If there is a breach of contract, you may be entitled to damages as specified in the contract. You can send a legal notice through a lawyer, demanding the payment for the services provided. The legal notice should outline the specifics of the work, the payment terms, and a deadline for the payment. If this fails, you can engage a lawyer and file a civil suit.
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Vidhi Samaadhaan Vidhi Samaadhaan

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