Recovering payment against work done froma pvt ltd. company
Sachiien
(Querist) 22 April 2013
This query is : Resolved
Fellow Learned Lawyers,
Would like to ask a question, we had done a construction related work for one of the Pvt. Ltd.company based in Pune. The work is over but they are prolonging its payments due to one or the other reason and finding faults in it. We have mails exchanged with them for work completion, but they are not ready to budge and said blankly they will not give the payment. We would like to seek legal advice for recovering the payment at the earliest. Is there anything in which we can approach District industries commisionarate and complain there or any other ways thru which we can get it. Please do help us out.
Thanks
Adv k . mahesh
(Expert) 22 April 2013
its better to take a local lawyer where the work was done and try to solve without legal because once the reputation is spread to other customers you will be at loss
Raj Kumar Makkad
(Expert) 23 April 2013
You have not mentioned about the agreement executed between the parties in dispute. If there was an arbitration clause then first avail it otherwise serve a legal notice and file a civil suit.
Advocate Ravinder
(Expert) 25 April 2013
The disputes between the companies and its contractors are normal. lot of issues will be involved in the works executed and these cannot be solved so easily. Check up whether is arbitration clause is there or not. If there is arbitration you have to file arbitration OP. If there is no arbitration clause, you have to file a normal civil suit.
ajay sethi
(Expert) 25 April 2013
the company wants to delay payment . so that even if you file legal proceedings they can make out a case that quality of workmanship was poor hence payment not made . contact a local lawyer and issue notice to company
Sachiien
(Querist) 25 April 2013
Sir,
Further more to add we are based in Gujarat, and company is in Pune. So can we file case in gujarat, as there is no arbitration clause mentioned in order.
ajay sethi
(Expert) 25 April 2013
contract was awarded in Pune .work was to be done in pune . payment was to be made in pune . file case in pune only
Advocate Ravinder
(Expert) 25 April 2013
Though you are based at Gujarat, the place of contracts entered and the work done will be taken into consideration. Please see the below citation.
IN THE HIGH COURT OF DELHI AT NEW DELHI
ARB.APPEAL No. 279/2009
9th October, 2009
MASYC Projects Private Limited..Petnr.
versus
Sterlite Industries India Ltd. .....Respondent
