Why Raising Invoices is Crucial for Debt Recovery Claims

2024 0 Supreme(Bom) 132

of the Invoice (Rs.) ... The Plaintiff was also required to pay on behalf of the Defendant an amount of Rs. 9,588/- into the government treasury, being the Tax Collected at Source. The Plaintiff accordingly, raised two debit notes in respect of the said amount, raising the principal to a sum of Rs. 1,27,93,674/-. ... The Plaintiff has filed the above suit for recovery of Rs. 1,68,80,866/- from the Defenda....

2025 Supreme(Online)(Del) 7558

The Plaintiff has filed the present suit under Order XXXVII Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’] seeking recovery of principal amount of ?1,96,97,325/- along with interest amount of ? ... 25,000/- against Defendant No. 2 and further granted liberty to the Plaintiff to file an execution petition5 for recovery of the admitted amount of ?50,23,902/-, which has since been filed. Howeve....

Patna

In the case before Court, the petitioner dealer had admittedly paid the tax to the selling dealer and on raising the claim of Input Tax Credit, even the department accepted the payment made by the purchasing dealer. ... Even if such recovery from the supplier is effected by the purchasing dealer; the State would be able to recover the tax amount collected and not paid to the exchequer, from the selling dealer since the rig....

High Court Malaya Shah Alam

with a single total lump sum amount of claim for legal fees which has contravened the requirements of billing under the a href="./.. ... [17] In the Invoice, there is no allocation or specification of an amount of fee for each of the 8 Court cases (contentious business) and 4 conveyancing matters (non-contentious business). ... Combination of multiple matters into a single lump sum fee claim would depri....

2023 0 Supreme(Del) 3833

the balance amount. ... Despite service of Legal Notice dated 20.03.2021, the appellant failed to pay the amount; hence the suit for recovery of 53,69,918.70/- was filed. 3. ... The recovery is apparently not based on Invoices; rather the reference to Invoices is nothing but an attempt to bring the claim within the scope of Order XXXVII CPC. 42. ... The question of maintainability of a suit claiming #HL_S....

2023 0 Supreme(Del) 5735

This omission is significant, as it contravenes the mandatory requirements set out under Order VII Rule 17 of the Code of Civil Procedure, 1908 ["CPC"], raising questions about the validity of their claim. 8.4. ... Counting in this way, total amount due against the defendants would have been Rs.600840/- but the plaintiff has claimed only Rs.4.08,715/-. In this way the plaintiff has entitled for recovery of Rs.4,08,715/- pl....

2023 0 Supreme(Del) 2665

Admittedly, in the present case, there is on record a tax invoice bearing No. DL/2012- 2013/0665 dated 03.10.2012 in the sum of Rs.13,54,554/-, out of which an amount of Rs.5,42,900/- was admittedly paid and thus suit for the balance of such tax invoice is maintainable under Order 37 CPC. ... Those suits claiming amounts which are only balances due at the foot of account cannot be treated as falling under Order 37 CPC because the suit #HL_S....

2023 0 Supreme(Del) 4106

Perusal of the record shows that plaintiff had in fact mentioned that the claim of recovery of amount of Rs.1,97,961/- is based on the invoices, however, the details of the invoices have not been mentioned in the plaint. ... of the recovery. ... The civil suit has been filed by the Respondent on 21.02.2017 for recovery of an amount of Rs. 1,97,961/- plus interest. 1.2. ... The Respondent....

Paragraphs 36 to 48 of the Statement of Claim - issues relating to the items wrongly charged by D in the subject invoices; and (e)Paragraphs 49 to 61 of the Statement of Claim - issues relating to the costs awarded by the court(s) and set ... These can be found at: (a)Paragraphs 27 and 28 of the Statement of Claim - issues relating to the Limitation Act 1953 and laches; (b)Paragraphs 29 to 30 of the Statement of Claim - is....

2022 Supreme(Online)(TDSAT) 4

The first invoice of first quarter is annexed as Annexure R-4. This enhanced raising of invoice was instantly brought to the notice of petitioner with a request for raising a fresh invoice as per renewed agreement. This protest was acknowledged by the petitioner. ... Hence, the petitioner is entitled to recovery of dues of claimed amount of placement charges in view of ....

2021 0 Supreme(Guj) 1233

For raising a claim based on breach of contract, no invoice is required to be drawn”. An invoice is drawn only in respect of a claim made in terms of the contract. 6.4 Learned Senior Counsel has also submitted that though the contractor plaintiff has approached the defendant authority for extension of time period of the contract, the same was not decided in time. He has also submitted that the plaintiff has sent notice to the defendant, and therefore, there is no question of ....

2017 0 Supreme(Jhk) 1401

However, the invoice shall be prepared including any extra amount (instructing that extra amount shall be paid separately through TT, claim amount being the same as LC value.) Payment of rest 5% value of material (FOB/CFR) shall be released after completion of Guarantee terms successfully. Confirmation charges, if any, shall be to supplier's account. Firms shall raise invoice for 100% value and amount claimed shall be 95% of value. In case of payment through....

2016 0 Supreme(Bom) 894

As regards Claim no.(iv), the Appellant has admittedly raised an invoice after the full and final payment was made by the Respondent of an amount of Rs.12,36,950/-. The Arbitral Tribunal also held in this regard that the Appellant never took a position that the delay was not attributable to it but to the Respondent or by any breach on the part of the Respondent. A perusal of the contract also does not support the case of the Appellant that the Appellant can sustain any indepe....

Consumer

Undoubtedly, early payment is encouraged by offering rebate of 2.5% if paid within 5 days of the date of the invoice. Thus it would be evident that even if the amount of invoice is disputed, the appellant is obliged to make full payments of the invoice when due and then raise the dispute. Similarly, 1% rebate would be available if the payment of the entire invoice is made within 30 days. Under Article 10.2 (e) of the PPA agreement, the right to dispute any invoice by the appe....

2014 3 Supreme 141

Thus it would be evident that even if the amount of invoice is disputed, the appellant is obliged to make full payments of the invoice when due and then raise the dispute. Similarly, 1% rebate would be available if the payment of the entire invoice is made within 30 days. Under Article 10.2 (e) of the PPA agreement, the right to dispute any invoice by the appellant is limited to one year from due date of such invoice. Undoubtedly, early payment is encouraged by offering rebat....