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Unpaid Invoices of MSME by Limited company


30-Jul-2026 (In Recovery Law)
I am Udyam Regd MSME in Financial Services arranging loan from Banks to Companies. A company has paid only partially to me on Invoices raised (Plantiff paid Gst & respondent deducted TDS). Unpaid Amount 9 Lac, i dont have any written agreement with Respondent. In Commercial court, Respondent failed to file reply in 120 days. Commercial court has disallowed to hear Respondent reply. Now Respondent approach commercial court that case should be dismissed as it pertains to Civil court. What to d
Answers (3)

Answer #1
953 votes
Hi there, in this scenario you should firstly take a no show certificate from the commercial court to present in before the Civil Court that the Respondent did not show up. The next step will be defending your claim before the civil court. However, I'll need additional details to assist you with rejecting the claim of the respondents that this matter pertains to civil court. It's advisable to contact me and provide requisite details to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRato Delhi | 200+ Answers
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Answer #2
609 votes
it is correct that the case is a civil suit and should not be heard by a commercial Court. in all likelihood the case will be dismissed however you may seek Liberty from the commercial Court to file a civil suit and such conditions the time of limitation can be extended which is the duration of the virtual suit
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
651 votes
1. Oppose the dismissal application and file a detailed reply. 2. Plead that the dispute is a commercial dispute involving financial/loan-arranging services and satisfies the specified-value requirement. 3. Written agreement is not essential—rely on invoices, GST, TDS/Form 26AS, bank payments, emails/WhatsApp and loan documents. 4. Establish that the respondent’s part-payment and TDS deduction acknowledge the transaction/liability. 5. If 120 days from service of summons expired, press that the respondent’s right to file WS stands forfeited under the Commercial Courts Act. 6. Seek dismissal of respondent’s application with costs and continuation of the commercial suit. 7. If the Court returns/dismisses the suit for want of jurisdiction, consider appeal under Section 13 of the Commercial Courts Act.
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Advocate Jayatee Chatterjee

Adv. Jayatee Chatterjee

LawRatoDelhi | 5+ Answers
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