Advocate Madhavi Swaroop

Questions Answered by Advocate Madhavi Swaroop

Q: Did some work for a client who is not giving back the money

I am a Businessman, and I have done the work for one of my client who is from Gurgaon and this is 6 month till now. He is not giving the money. As a result today, me and my friend went to ask for the money, then he has not given the money and instead of giving the money he called 4 Local Bouncers and tried to fight. But at that we told them we don't want the money. If you want to give the money, give us or not then don't give. After this he has given us Rs. 50,000/- and our Rs. 1,00,000/- is still under him. What should I do to recover those money.

Advocate Madhavi Swaroop answered
You may send him a legal notice demanding payment of 100000 rs within 15 days or you may initiate proceedings under the insolvency and bankruptcy code 2016 by sending legal notice under the code. Recourse may be taken to either of the option. Proceedings under the insolvency code are much faster just for information

Q: DRT case after stopping payment of EMI

Hi sir I have purchased a flat in Gr noida and paying emi to bank but after 3 yrs same flat sell to other person by builder then I hv stopped emi to pay bank . Now bank has file a complaint for collection in DRT delhi and 138 ( cheque bounce) . Now pls confirm sir , what will be my action plan? How I free from this case? Pls confirm Thanks Pawan

Advocate Madhavi Swaroop answered
As per the stated facts it would be best to inform the court regarding your situation along with all the evidences into the form of documents that you may have justifying your stand. This is a preliminary view only.

Q: Company gave salary by cheque but it bounced what action can i take

I am working in a recruitment firm and they people are not paying my salary.they give me one cheque that too got bounce.my 3 months salary is pending there

Advocate Madhavi Swaroop answered
In case you are still working with the firm it would be best that you first give a written request to the firm I intimating them about the cheque bounce and requesting them to clear your dues at the earliest. There after if they still do not clear your dues or give a valid reason for non payment then you can send them a legal notice demanding clearing of dues at the earliest

Q: Recovery for non payment of dues

We are a logistics service provider who had given services to a Proprietorship firm from Dec 2105 to August 2016 in Noida. We have not received payments for the services since May 2016. This amount is nearly Rs. 3,25,000/-. All tax invoices were raised on time but the client just kept delaying the payment. Finally we are going to withdraw the services. Kindly advise what legal action can be taken against such a client in order to do the recovery at the earliest. There wee no shortfalls in the services provided to client in order to give the client any reason to hold the payment. No debit notes

Advocate Madhavi Swaroop answered
Sir,At the first instance you should send a legal notice to the proprietor ship demanding the payemt of amount due at the earliest. Thereafter if they still refuse to pay then further legal action can be contemplated.

Q: Written book for a publisher not received payment had oral contract

Sir, i have written 3 books for publication ,they have also published the books. Now they are not clearing my Invoice of Rs.78000. We have gone through a verbal contract. I have some evidence against them. I have a watsapp chat records and sms record of their confession . What should i do to file a case ?

Advocate Madhavi Swaroop answered
At the first instance you should send a legal notice asking them to clear your invoice at the earliest. Thereafter if they still do not clear the invoice then you can consider taking further legal action