Suit for recovery
SUBHASH SHARMA
(Querist) 10 October 2013
This query is : Resolved
ONE OF MY CLIENT AMIT PROPRIETOR OF M/S ABC CONTRACTOR GOT AN ORDER FOR EXECUTION OF CIVIL WORK (JOB WORK) AND SOME JOB ORDERS WERE RAISED BY THE CONTRACTEE XYZ FOR RS. 40 LACS.
OUT OF 40 LACS 15 LACS WAS OUTSTANDING WHICH WAS NOT PAID BY THE CONTRACTEE.
WHEN CONTRACT (ABC) APPROACHED TO CONTRACTEE (XYZ) TO MAKE THE PAYMENT.
CONTRACTEE(XYZ) REPLIED ORALLY THAT DUE TO FUND CRISES HE CAN NOT MAKE THE PAYMENT.
CONTRACTEE(XYZ) OFFERED A JOB TO AMIT TO WORK IN THE COMPANY AND ALSO ASSURED THAT THE OUTSTANDING PAYMENT WILL ALSO BE MADE VERY SOON.
AMIT STARTED WORKING WITH CONTRACTEE(XYZ) HE STOP FUNCTIONING HIS FIRM (ABC).
AFTER A FEW MONTHS CONTRACTEE(XYZ) EXPELLED AMIT FROM THE JOB ALLEGING FOUND INEFFICIENT IN THE JOB. ABOUT 5 LACS RS. IS OUTSTANDING TOWARDS SALARY.
NOW THERE ARE TWO OUTSTANDING 15 LACS TOWARDS CONTRACT AND RS. 5 LACS OUTSTANDING SALARY.
PLEAS SUGGEST WHAT TO DO.
R.K Nanda
(Expert) 10 October 2013
WHAT U WANT?
Raj Kumar Makkad
(Expert) 10 October 2013
Serve legal notice followed by civil suit for recovery. The dismissal from service without following due procedure can also be challenged separately as per service rules applicable as per appointment letter/agreement for service.
AAK
(Expert) 11 October 2013
If it is registered company (with RoC) you can also issue statutory notice for windingup of the company..
Rajendra K Goyal
(Expert) 11 October 2013
Well advised by the experts, nothing more to add.
