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advocate mlre (manager)     26 April 2011

Default in Payment

Hello everyone,

Theres a default in payment of money. the person an Indian (X )took goods from a shop in Dubai, a wholeseller (S). S in previous ocassions had supplied goods to X and there was promt payment. but now X has taken huge number of stock from S to sell in Saudi Arabia. and now he is refusing to pay saying he has no money.

 

Now what is to be done?? where the case should be filed.?

can it be filed in India also??

X has property in India, whether we can ask court to sell his property in India and make payment??

i have all the records of goods/stocks sent to him....

 

Pls suggest some remedy. waiting for your precious replies...

 

Thank you.



Learning

 6 Replies

AAK (Advocate)     27 April 2011

where all the transactions have taken place? whether there was any agreement between them?

advocate mlre (manager)     27 April 2011

the transaction took place in dubai. the goods (consignment) was sent from dubai to saudi arabia....

AAK (Advocate)     28 April 2011

Indian court does not have any jurisdiction... either dubai or soudi court have the jurisdiction (if there is no agreement)

advocate mlre (manager)     28 April 2011

sec. 3 IPC???

AAK (Advocate)     28 April 2011

"default in payment of money" its purely civil transaction. IPC does not attract

advocate mlre (manager)     28 April 2011

then he has to be charged under law prevailing in UAE. and even be charged here.????


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