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When invoices stay unpaid, the right route depends on the amount, the paperwork and who owes it. Batavia Legal acts for creditors and businesses in recovery proceedings and before the National Company Law Tribunal.
Recovery usually begins with a legal notice. If the debtor does not pay, the claim can be pursued by a summary suit or commercial suit, or, where the debtor is a company and the default meets the threshold under the Insolvency and Bankruptcy Code, 2016, by an application before the NCLT.
An operational creditor, such as a supplier or service provider, first serves a demand notice under section 8 of the Code and may apply under section 9 if the debt is not paid or disputed. Financial creditors apply under section 7. The minimum default for initiating insolvency against a company is currently one crore rupees.
Not always. Insolvency is a collective process for the company's creditors, not a debt collection tool, and the NCLT will reject an application if there is a genuine pre-existing dispute. A suit or negotiated settlement may suit the facts better.
Invoices, purchase orders or the contract, ledger statements, correspondence acknowledging the debt, and any notices already exchanged.
General information only. It is not legal advice for your situation.
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