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NON PAYMENT OF OUR EXPORT SHIPMENTS
18-Feb-2025 (In Recovery Law)
We wish to inform you that ours is an export firm dealing in fresh fruits and vegetables. In 2020, we exported Indian fresh red onions worth USD 14983/- to a Dubai-based importer. Despite 4 yrs they have not paid our said dues as yet. We had tried to lodge a FIR against the culprit in various police stations based in Thane, Thane, Mumbai but none of the police stations had accepted our complaint and issued their letters stating that the matter needed to be taken to the Civil Court.
Your case appears to be a civil dispute regarding unpaid dues from an international transaction. Since the police have refused to register an FIR, you may file a civil suit for recovery. You can explore filing a commercial suit under the Commercial Courts Act, 2015, to expedite proceedings. Additionally, if there was a written agreement, arbitration or international legal remedies under trade laws may apply. Kindly consult us once for better understanding.
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Adv. Devang Manjrekar
Mumbai | 100+ Answers
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Hello, actually non payment is under the Civil Case, and as you have the matter of money recovery, you would need to execute the Legal Notice for Money Recovery and thn need to procees it to the court, and if you need to file for the FIR thn need to go for private complaint and the magistrate will instruct the police to file case against them
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Yes recovery matters are to be taken to the civil court of particular jurisdiction. In your scenario, it will be where the contract took place. Kindly get in touch for any further assistance and information.
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Adv. Sharayu Zanak
Pune | 50+ Answers
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Well, you are approaching a wrong forum. It is not the Police's job to assist you in recovery of payment. It is the job of the concerned Civil Court. Moreover, you must have executed a contract with that Dubai based Importer, then, in such a contract, in jurisdiction clause, if it is written that the on eruption of dispute, dispute would be settled between parties in India, then, it can be merely settled in India, if it written somewhere else, then, you need to file a case in souch other country, which is mentioned in the Jurisdiction Clause in your Contract with Importer!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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