A vendor company send a legal notice.
tarun
(Querist) 17 December 2015
This query is : Resolved
hello,
i am owner of a company and we offer to our vendors for work on our project in different areas, one of our vendor had been failed to provide us a bank guaranty documents, so we didn't sign any agreement with them but they did some work for us and collect some amount from market too, but the amount they didn't deposit in company and misrepresent the customer. we stopped the work but they are asking for money of work, but in agreement we mention (which they not signed) that amount will be given after complete of work. now they send us a legal notice for that amount, what i need to do? suggest me.
Advocate. Arunagiri
(Expert) 17 December 2015
When you do not have signed any agreement, on what basis they have issued the notice?
tarun
(Querist) 17 December 2015
He is saying that he has some converstion of mails and whatsapp that proves, he was working for us.
DR.VEDULA GOPINATH
(Expert) 18 December 2015
Mr.Tarun
Please send me the legal notice you have received and also mails and whatsapp message to me to advise you appropriately.
regards
DR VEDULA GOPINATH ADVOCATE/ARBITRATOR
vgnath@gmail.com
Adv. Yogen Kakade
(Expert) 18 December 2015
If the agreement is not signed by any of the parties.. then the agreement is void and not enforceable by the law.
Secondly mere conversation between you doesn't authorize the transaction.
Did you have any termination clause in the said agreement?
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
DR.VEDULA GOPINATH
(Expert) 18 December 2015
sir
Hon. Apex Court categorically said in one historical case that Agreement need not necessarily be in writing. The Judicial authority shall examine the validity of the agreement from the situation and circumstances including emails, telephonic messages apart from other evidences.
In the commercial word certain works are done by simple oral assertions and instructions.Although they are not in writing, they are valid in law.
Further Equity prevails basing on the principle NO BODY CAN ENRICH HIMSELF AT THE COST OF OTHERS.L
In one case where Satyam Computers Limited is a party Hon. Apex Court affirmed the existence of a valid agreement by taking recognition of other communications including emails, phone messages.
Dr Vedula Gopinath
Dr J C Vashista
(Expert) 18 December 2015
I respectfully disagree with Dr Vedula Gopinath. In the given circumstance the company has no right despite oral agreement.
Dr J C Vashista
(Expert) 18 December 2015
I respectfully disagree with Dr Vedula Gopinath. In the given circumstance the company has no right despite oral agreement.
Rajendra K Goyal
(Expert) 18 December 2015
Reply the notice through your lawyer denying any liability.
Arjunsingh Saoji
(Expert) 19 December 2015
It looks you allowed this contractor to start work but not allowed to continue because of failure to submit BG. Agreement is not signed due to this. But if some of the work is done, the same is to be paid as per agreed terms if you allowed start of such works. Better contact lawyer with full details.
Anand Bali Adv.
(Expert) 19 December 2015
I am sorry, I do not agree with many of the expert's advice as above. My opinion as to the contract is as below.
There is no need of the agreement be signed between the parties, merely only the actions of the parties is enough to establish the contract between the parties. See the acknowledgement of the work done by the second party by the first offering party is enough to establish the communication of acceptance of the offer and thus when it's subject matter is legal the agreement between the two becomes contract as per the definition under Sec 2h of the Indian Contract act read with the sec 4, 7 & 10.
You can call, Visit our office of send a PM for any further inquiry or clarification.
T. Kalaiselvan, Advocate 
(Expert) 26 December 2015
You should engage the services of a prudent advocate to give a suitable reply based on the documentary evidences in your side.
H.M.Patnaik
(Expert) 22 October 2016
There need not be existence of a written agreement between the parties if the second party has other evidence basing on which they have gone ahead with execution of a work on behalf of the first party. Besides, when you are acknowledging execution of part work by the other, how can you deny the settlement of dues.You must not have allowed the other party to commence the work prior to completion of formalities decided mutually. In case , the other party has availed funds or services from other s on your behalf for execution of your work and you have evidence of the same , you should have suitably notified the fact so as to absolve any responsibility or liability in future.
Rajendra K Goyal
(Expert) 23 October 2016
Advice is repeated, take help of some senior experienced lawyer.
