customer not returning huge amount that they own us, how to recover

805 votes

Hiii,
Your customer appears to be beyond the jurisdiction of India I assume, as you need to recover the amount in dollars. Course of action will depend on the Agreements that you have executed and written correspondences that you have maintained. If your Agreement has an Arbitration clause, then you need to appoint an Arbitrator to recover the said amount. If it doesnt provide for arbitration clause, you will need to file civil suit for money recovery with interests and for costs. However, even if you get an Order in your favour, it will be very difficult to execute it as the subject will be beyond the jurisdiction of Courts of India, unless he himself submits himself within the jurisdiction of India. You can however create the pressure by filing a criminal complanit against him for cheating and fraud, where the criminal courts jurisdiction goes beyond India and filing criminal complaint, you can inform the Passport Office regarding the complaint so he may face some issues while travelling to India.

Advocate Rushil Aiya LawRato

510 votes

You can file a money recovery suit in the city civil court and/ or file a company winding up petition in the National Company Law Tribunal for the recovery of your money. But first send them a demand notice through your advocate.

Advocate Sunita Bafna LawRato