Legal Question in Business Law in India

not honouring purchase order

1a ltd company has placed purchase order for goods.Paid advance 40%

2After goods are ready & inspected they are not paying balance amount nor stating any reasons

3 nearly 2 months are over

3can advance paid be forfeited

4 can goods be sold by distress sale & recover loss by issuing debit note

5can invading company sued for not honouring its own purchase order. under what law.


Asked on 5/27/07, 7:29 am

3 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: not honouring purchase order

It will all depend upon the terms of the contract. If it provides, you can forefeit the advance, sell the goods and appropriate the proceeds under teh sale of goods act.

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Answered on 5/28/07, 3:17 am
Vivek Mapara Mapara Law Firm

Re: not honouring purchase order

It is required to be know as to what were the terms and conditions of purcahse order.

Normally a seller has right of lien over the goods to be supplied to purcahser. If the contract terms provide then the advance money can also be forfeited.

The first thing you can do is to issue notice to the other party that the goods are ready for delivery and ask them to take delivery of goods and make payment of remaining amount. And if they fail to do so, then u can proceed legally for specific performane of contract, or suit for damages.

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Answered on 5/27/07, 1:53 pm
G. M. Gupta gmguptaandassociates

Re: not honouring purchase order

needed papers to advice properly

however as per the details given

you can forfeit the advance

you can sell the goods and retain payment

you can move to courts for specific performance of contract

you can move to courts for damages

lot of remedies available to you.

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Answered on 5/27/07, 3:05 pm


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