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Procedure for recovery of dues for goods exported without agreement
22-Nov-2023 (In International Law Law)
I am from Bangalore. I am an exporter. I had exported to a customer at Bangladesh red chilies. It was an Irrecoverable Letter of Credit Transaction worth in INR 5000000. I do not have any agreement signed on this, by trust and on basis of LC I have exported. The importer has somehow imported the goods. The customer’s banker returned the LC on trivial discrepancies to my bank after a month of receipt of docs. After correcting the discrepancies, my banker re-sent the LC to the customer’s banker. Now, it is almost an year has passed and the customer’s banker has not released the payment. Under this circumstance, what can I do? How to get the payment? Whom should I approach? How to take legal action against the banker and against the customer?
Your matter comes under International Law on Cross Border Commercial Disputes. Since you do not have any agreement signed with arbitration clause, you have to first speak to the customer’s banker/customer and see possibilities of receiving payment. If the customer or banker does not care, then, you have to have recourse to legal remedy. You can either move the jurisdictional court in BLR, get a decree and enforce it at Bangladesh. You can even try to recover through Government of India.
You have to approach an Advocate who practices in Cross Border Disputes. We practice in International Law. Should you require our assistance, we can help you.
You have to approach an Advocate who practices in Cross Border Disputes. We practice in International Law. Should you require our assistance, we can help you.
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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