Where to file case if buyer in different country? Payment due from him
I have exported kids garments to one buyer in Mauritius on DA (Documents acceptance) basis of USD 2013. He has accepted the dox in bank & taken the goods & he has confirmed through bank that he will pay the amount after one month. Then again I received a message through the bank that he will pay after another 1 or 2 months.
He gave us so many dates for payment, but till now, he has not made the payment. I want to file suit against him.
Please tell me, should I file the case in India or in Mauritius. And what about the procedure & charges. & also confirm how much time it will take for to finalise.
Answer
Yes you can file a recovery suit against the buyer in India. You have to approach the competent court within whose jurisdiction the cause of action arose and you can file a suit for recovery of the amount of goods.
Charges shall include payment of court-fees for filing the suit for recovery and professional fee depending upon the Advocate you engage.
Generally such matters take about 12 months to be finally adjudicated.
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