Part payment in commercial suit
minsal
(Querist) 27 March 2024
This query is : Resolved
In a commercial suit the defendant couldn't appeared in the court to defend but had made a part payment by NEFT in the Plaintiff's bank account without inform the Plaintiff. Later on at the time of filing an ex-parte evidence the advocate had mentioned about the receipt of the part payment and pray for the decree for the balance due amount. The matter is now kept for argument.
My query is that can plaintiff claim for the balance amount? Under which provision?
Please do the needful.
T. Kalaiselvan, Advocate
(Expert) 28 March 2024
If the plaintiff confirms part payment of the suit amount, he can accept the balance payment to be made by the judgement debtor and can file a full satisfaction memo before the court to close the execution petition.
Advocate Bhartesh goyal
(Expert) 30 March 2024
Yes, on plaintiff's admission that he received part payment during pendency of suit, court will pass decree for due and remaining amount.
T. Kalaiselvan, Advocate
(Expert) 30 March 2024
What is the opinion of your advocate on this?
Did you not discuss with him about it?
minsal
(Querist) 03 April 2024
Sir,
Actually my advocate is expired. And when I approached other advocate he told me that my earlier advocate had made mistake by informing then court about receipt of the part payment. Now court will dismiss my matter. I am affraid. Is there any legal provision or judgment is available on this point?
T. Kalaiselvan, Advocate
(Expert) 03 April 2024
The matter has not yet been decided by court.
It is pending at the decision stage, hence there is no point in making any arguments before court at this stage if it is reserved for judgment.
You wait for the judgment and then decide about taking it up through appeal if you are aggrieved by the judgment
