Suit under order 37 r 1 & 2dera experts,
Nishant Singh
(Querist) 30 May 2012
This query is : Resolved
dear experts
i have to file a suit for recovery under order 37 rule 1 & 2 cpc. i have got only bills and not the purchase orders, have also got the tds certificate of the previous bills/payments. the orders were made telephonically as the person was known. it is a company matter. kindly advise that whether the bill generated by me is a contract. and only on the basis of bills, can a suit U/O 37 cpc be filed. there was a supreme court judgement in this regard. please guide
J K Agrawal
(Expert) 31 May 2012
If there is any thing in furtherance of bill, the bill is an agreement enforceable by law. If you dispatched the goods under bill and he has accepted the same or he has made part payment of bill or you have an acknowledge of bill and like wise any thing which amounts consent by party, it is a valid contract and you can file suit under o 37 R 1 of CPC.
Suhail A.Siddiqui
(Expert) 31 May 2012
Oral agreement is an agreement, telephonic order is sufficent, after supplying goods/services you should possess purchaser' s satisfaction/receipt of goods/services.Previous TDS certificate or payment is only proof both of you have business relation nothing more.
Shonee Kapoor
(Expert) 31 May 2012
Rightly said
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nishant Singh
(Querist) 05 June 2012
dear sir, can you site some judgement on oral agreement/telephonic orders? as the contract was to publish certain advertisement. i have got the magazines in which those ads were published and bills of those months. can it be established?
ajay sethi
(Expert) 05 June 2012
summary suit has to be on written contract not oral agreements . if you file suit on basis of oral agrement unconditional leave to defend will be given to defendants
