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Regarding advance payment take after no supply of materiel


09-Jun-2023 (In Corporate Law)
That, the Starion India Pvt Ltd came into understanding with M/s SS Hydraulics & Pneumatics through ourPurchase Order No: P.E/16/04/14 dated 14thApr2016 againstwhich you issued Performa Invoice No. MY-04/10788 dt. 11/04/2016 for Purchase of Servo Motor MSK101-0300-NN-S3-SGO-NPNN,Make Rexorth. You have mentioned in your Performa Invoice clearly that you are going to sale to Starion through your company M/s SS Hydraulics & Pneumatics. Vide TIN No-29600741344, where you advised to releasepayment at your Service Center Name M/s DrakshayaniKudari. In good faith and trust in your firm, the Starion India Pvt Ltd provided you an advance payment as demanded by you of Rs 74,820.00 through NEFT dated 15-Apr-2016. 2.That, after taking advance money of Rs. 74,820/- as above stated, you have agreed to deliver Servo motor before 30/04/2016 but you have failed to deliver on that day after that Mr DharmendraSingh, DGM Starion India Pvt Ltd regularly sending you mail and doing tele
Answers (4)

Answer #1
870 votes
You can file a recovery suit which is common remedy available under civil law. However if properly drafted you can even file a criminal complaint also against the culprits including those who were middlemen. All the case can be filed only at the place of your office.
Answer #2
980 votes
Hi, we can help you to recover the money or we can compel the opposite party to comply with the terms of the contract either by filling Complaint or by filling petition under Specific Performance Act.

Anurag Garg Adv
For M/s Concept Legal Consultants (P) Ltd.
Answer #3
576 votes
Sir, you should file a suit for recovery of your amount due with interest for not executing the contract within stipulated time as well as you should also file a FIR against the company for cheating , misappropriation of property, criminal breach of trust.
Answer #4
637 votes
Has SS Hydraulics agreed in written to deliver servo motor before 30/04/2016? Please inform. In any case your purchase order dt 14 Apr 2016 and SS Hydraulics invoice dt 11 Apr 2016 and release payment communication constitute binding Contract. So on their faliure to deliver by their due date, they committed Breach of Contract and you can accordingly proceed in Court.

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