Timely Intervention Matters Address disputes promptly. The sooner you engage in ADR, the greater the chance of finding a resolution before tensions escalate. Early intervention can save time, costs, and relationships.
This dispute is between a Sugar Mill owner (the Claimant) and a Product Distribution company (the Respondent). While the purchase order was placed by the respondent to purchase unpolished sugar from the claimant, the same needed to be supplied over a period of 3 months, and the agreed term of credit was 15 days from the date of delivery. While the first part of the deal went smoothly, the deliveries made in the 1st week of the third month were not made even after the stipulated time period, and subsequent deliveries were unpaid. This brought the process to a halt.
The Respondent, though a Private Limited company, was managed by a family, and the entire operation depended on the Managing Director, who was the head of the family. He suddenly fell ill and was hospitalised with a serious condition, and this meant that the operations of the company were hindered. His team was unaware of the complete functioning, and they, in turn, ended up with a stockpile of produce and not many customers. This inability to pay meant that they could not pay the claimant the dues. The issue was referred to Private Court for settlement.
The Mediator, in understanding the facts of the case, realised that there was a need to understand the business model of the Respondent's company, and in turn, offered to help figure out their receivables. This exercise proved fruitful, and the mediator was also able to guide the respondent's team to certain clients who could be possible buyers from their existing client list. This was a breakthrough that was achieved, and the company had a clear view of the cash flow for the coming months. Considering their situation, the respondent agreed to a broken-up payment schedule, and the matter was settled.
The Parties agreed to the following settlement agreement to settle the Disputed Amount of Rs. 4,78,651/-:
The Respondent to pay the Claimant the entire amount in the following schedule:
| Date | Amount | |||||
|---|---|---|---|---|---|---|
| 20/07/2022 | 11/08/2022 | 11/09/2022 | 11/10/2022 | 11/11/2022 | 11/12/2022 | 11/01/2023 |
| Rs.50000 | Rs.71441 | Rs.71441 | Rs.71441 | Rs.71441 | Rs.71441 | Rs.71441 |
Getting industry specialists to look at cases helps in creating a clear picture and possible resolution.
