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BUYER not paying to SERVICE provider, even after Payment from CLIENT
20-Jan-2023 (In Recovery Law)
1. "Main Client" (Govt.) appointed "Buyer" (Consultant, NSE listed Ltd. Co.) and Buyer appointed "Service Provider" (Sub-Consultant, MSME registered Pvt. Ltd. Co.) for part work.
2. "Service provider" delivered Services on time & said Services & respective Invoices (submitted through "Buyer") to "main Client" were accepted and Payments were done to "Buyer".
3. Then "Service provider" submitted their Bills to "Buyer", which initially acknowledged & minor Part payments done as well.
4. But after accepting the Invoices, making minor Part payments and despite frequent reminders, "Buyer" now (A) Refused to make balance Payments & (B) Terminated the Contract in the name of Behaviour, Quality Checking, Inferior Services, Soft copy submissions (taking favorable interpretations of secondary Contract clause to escape from their liabilities) etc.
5. Pls suggest SPECIFIC Legal Actions to (A) Recover our balance Payments (B) Loss of Profit & (C) Defense to Buyer's irrelevant allegations.
We can file a recovery suit against the Buyer. Further, depending on the suit value we will have to move the appropriate court. We can sue them for illegal termination of contract. For proper legal advise I would need to see your contract and various other documents. Also I need to see the document or letter acknowledging the due amount.
Helpful?
Adv. Parangat Pandey
Delhi | 25+ Answers
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The following step by step recourse in law is available to you:
1. Sent the buyer a legal notice through a lawyer demanding the dues within a specified time frame, like 2 or 3 weeks. This will start the legal proceedings.
2. File a suit for specific performance of the contract.
3. If there is an arbitration clause in the contract, initiate arbitral proceedings.
4. You may also consider initiating criminal proceedings.
1. Sent the buyer a legal notice through a lawyer demanding the dues within a specified time frame, like 2 or 3 weeks. This will start the legal proceedings.
2. File a suit for specific performance of the contract.
3. If there is an arbitration clause in the contract, initiate arbitral proceedings.
4. You may also consider initiating criminal proceedings.
Helpful?
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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The easiest way would be to file an Insolvency and Bankruptcy petition before Honble NCLT. You can file a recovery suit before civil court in case of damages.
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Regards
Advocate
Madhav Nanda
Feel free to connect
Regards
Advocate
Madhav Nanda
Helpful?
Adv. Madhav Nanda
Delhi | 100+ Answers
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Incase there is an Arbitration contract they send notice to default party for appointment of Arbitrator and then incase they do not reply approach court for appointment of the Arbitrator and there after file all your claims in Arbitration proceedings and there after also if after Award the default party does not pay you file execution also during the entire process you can ask court to freeze their assets or stay on major transactions
Incase no arbitration clause then approach the court for recovery proceedings
Incase no arbitration clause then approach the court for recovery proceedings
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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