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Under which section can Recover of payment against invoice
31-Aug-2023 (In Recovery Law)
We have written order wherein our company serivces for engineering consultancy was hired by my client. We raised about 8 invoices over a period of one year which were paid though delayed by few months. Since march our invoice about 9 in number (till July) is overdue for payment. Client is not paying the same as he has some cash flow problem. I intend to send a legal notice for claiming the money owed to us. Under which section and any reference to court order of similar cases. this will assist me in approaching a lawyer over here with clear requirements.
The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question.
You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or even mischief. "However, criminal proceedings usually take a long time to conclude. So you may end up wasting valuable time and effort in court to recover your dues.
You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or even mischief. "However, criminal proceedings usually take a long time to conclude. So you may end up wasting valuable time and effort in court to recover your dues.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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