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Collection amt from debtors to co which is registered under micro small

(Querist) 20 October 2013 This query is : Resolved 
our firm registered under micro small and medium enterprise. our debtors are not paying payment on time. Inspite it was due more then 180 days, some due more than a year. we have intimated them orally that we are registered under micro small and medium enterprise. our my debtors falls under s-44 ab i.e .audit applicable them. is in there audit report Their Statutory CA mentioned in reporting this due of amt payable by them ? if our debtors do not give information to their ca, how then they come to know about dues o/s to us. pl alos guide us what steps we can take to collect the payment in spite of spoiling business relation and follow systematic action.
Advocate M.Bhadra (Expert) 20 October 2013
File a suit under XXXVII of Civil procedure Code (suit under 37 of CPC)in Civil Court.


Subject to the provisions of sub-rule (1) the Order applies to the following classes of suits, namely:-

(a) suits upon bills of exchange, hundies and promissory notes;

(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,-

(i) on a written contract, or

(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.]
Devajyoti Barman (Expert) 20 October 2013
You can file civil suit for recovery of money or criminal case of cheating against your debtors.
Rajendra K Goyal (Expert) 21 October 2013
Filing civil suit for recovery is the way with you. Contact a local lawyer. As SME no special law for recovery of outstanding is available.


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