NCLT IBC Proceedings - Can Buyer dispute the Liabilities
08-Feb-2023 (In Recovery Law)
If "Buyer & Debtor" does not make timely payments to "Supplier & Creditor" as per Contract Terms & Conditions and intentionally creates financially critical situation for MSME Supplier. In this situation can "Buyer" blame "Supplier" for Deficiencies or Delays or Breach of Contract during next stage Services, actually due to lack of Funds & Resources available with MSME "Supplier".
Though I already hv replied to this question today earlier however I would like to give its answer again.
Please note buyer can only raise the deficiency or delay supply issue as breach of contract when he already has raised these issues timely and with in reasonable time of the supply of goods or services not after that and specially only at the time of making payment of taking it as defence for not payment or some deductions in it on that basis.
For realising due payment supplier can file a summery suit on the basis of written contract and other documents as supporting documents to the claim.
pl appoint a good experienced and knowledgeable advocate to file your recovery case in court.
Please note buyer can only raise the deficiency or delay supply issue as breach of contract when he already has raised these issues timely and with in reasonable time of the supply of goods or services not after that and specially only at the time of making payment of taking it as defence for not payment or some deductions in it on that basis.
For realising due payment supplier can file a summery suit on the basis of written contract and other documents as supporting documents to the claim.
pl appoint a good experienced and knowledgeable advocate to file your recovery case in court.
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