anuj (Manager Admin) 31 March 2011
Dear Sir,
I am working in Pvt company as Manager Admin,inwhich We have ordered for supply of aggregate to a party and given advace of 30,00000 to the party the party after supplying for Rs 12 Lakhs worth aggregate stopped supply . We want to file a suit now in their name . Police says there can be no FIR is ot true ? What type case can we file civil or criminal under which section ? Please advise .Thanking you
Anuj K Mishra
M.Sheik Mohammed Ali (advocate) 31 March 2011
yes its money problem so don't file a fir, why do you want make complaint, you just send the notice opposide party and make money suit, thats bestway.
jyotirmaya behera (advocate) 31 March 2011
it is civil matter. u can file a case according to "brich of contaract"
CA VK Dwivedi (Job) 01 April 2011
Dear Mishra ji,
did you enter into contract?
VK Dwivedi
Shantibhushan (Advocate) 01 April 2011
1- if there is a contract, then you can repudiate according to terms and condition of contract for default of the other party and file a suit for damages.
2- If you are keen to enforce the contract then you should file a suit for specific performance alongwith damages.
As your case is of commercial transaction, FIR could not be taken by the police, however you can try to get an FIR if not then, NC registered for the same. You can thereafter directly file a private complaint before magistrate for cheating.
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