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Payments not done by company what to do


12-Dec-2023 (In Recovery Law)
Hi, I was running a logistic company in Delhi and we were shipping consignments for online companies, we use to have online agreement with those companies for terms of shipping and for the terms of payments from their end. But many companies are not paying our payments even after 1 year however in the agreement it was clearly mentioned that within 45 days they have to pay. They are not returning phone calls and even few have shifted their offices as well. They have done a fraud with us as office address and bank account are not of the said company. We are quite helpless in this please suggest
Answers (5)

Answer #1
934 votes
Fine but you havent told where did they last have their offices. The companies you were dealing with. It will have to be seen when the paykent became due. Your matter is within limitation but the jurisdiction of courts will have to be checked
Answer #2
746 votes
You must immediately file a police complaint against the company. Make sure that the police lodges an FIR against the company and its directors. Also, file a recovery case against the company after sending them a legal notice and if you are aware of their present address.
Answer #3
700 votes
Kindly specify me your terms and conditions while making agreement with respective companies. Because until these vital details wouldn't clear to me, I would be helpless in providing any from of help. Therefore, make it clear first while showing me all the said documents.
Answer #4
866 votes
Please check agreement
If Arbitration clause is there then you will have to invoke the same.
If Arbitration clause is not there then you may file recovery suit or summary suit (Basis Invoice).
If defaulting company is Pvt Ltd or public Ltd, winding up petition may be filed.
Legal notice issuance and to provide 21 days time is must before filing winding up petition before concerned High Court.
You should meet advocate with all documents so that right strategy can be carved.
Answer #5
951 votes
The office address of any company if registered can easily be traced out from Ministry of corporate affairs website as each and every data about the company is maitntained by it. For recovery you can opt for civil or criminal proceeding against the opposite party. Detailed advise can be tendered only after the perusal of all documents.

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