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Free Consultation for Traders on Recovering Udhaar and Khata Dues

Trade in India runs on udhaar: goods go out against a running khata, payments come in round figures, and the balance is settled at Diwali or never. When a buyer stops paying, the trader often has no single invoice to point to, only a ledger. FundRaksha's free consultation is for wholesalers, distributors and market traders who want to turn a khata balance into a legal claim.

उधार और खाता बकाया की कानूनी वसूली पर मुफ़्त सलाह

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Short answer

Running-account dues are recovered by first producing a clear statement of account (bills, payments, balance), getting the buyer to acknowledge it if possible, then sending an advocate's notice for the balance; bounced cheques go under Section 138, and a summary suit or Samadhaan claim follows if the notice is ignored. Limitation for a mutual running account can run from the end of the year of the last entry. The free consultation reviews your khata and tells you what is claimable. Nothing upfront; 30% on recovery.

Turning a khata into a claim

  1. Prepare the statement. Every bill with date and amount, every payment received and its date, and the running balance. Tally or any software can produce it.
  2. Match bills to proof. For each bill, the challan, LR or e-way bill, and ideally the buyer's GST credit on it.
  3. Find acknowledgements. Balance confirmations, "hisaab" messages, part payments, requests for time.
  4. Identify the buyer correctly. The legal name on the GST registration, not the shop name.

With these, the notice demands a specific sum, not "whatever is in the khata".

Common trader problems and the answers

ProblemWhat the law and practice say
No written orders, only phone callsDelivery proof and the buyer's acceptance establish the contract
Buyer says the balance is wrongSend the statement formally and demand a reconciliation; undisputed part is claimed at once
Payments were in cashYour receipts and ledger entries are evidence; the buyer's own books usually match
Very old entriesMutual, open and current accounts: limitation may run from the year-end of the last entry; the expert checks
Post-dated cheques given as securityIf presented and bounced while a debt was due, Section 138 can apply

Routes for traders

Advocate's notice with the statement attached, then negotiation; most buyers in the same market settle because they want to keep sourcing and want no case on record. Bounced cheques go under Section 138 within the deadlines. If ignored, a summary suit for the certain sum shown by the statement. Udyam-registered traders should check with the expert whether the Council route is open to their registration category. See customer not paying invoice and the limitation period calculator.

Next steps

If you decide to go ahead, a dedicated advocate is assigned within 24 hours of your complete documents and the legal notice goes out as an e-notice, followed by registered post. Nothing is charged upfront. If you proceed, FundRaksha Legal charges 30% only on the amount actually recovered; if nothing is recovered there is no success fee. Court fees, where a matter is filed, are borne by you and told to you in advance.

Trading hubs with their own pages: Delhi, Kanpur, Indore, Siliguri and Amritsar. See also trade debt recovery in Jodhpur and the Hinglish consultation page.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

Free, no obligation

Free consultation and case assessment

मुफ़्त सलाह, कोई शुल्क नहीं

Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

A professionally worded notice is normal commercial practice and is handled quietly between advocates. Public confrontation causes problems; a notice avoids it.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.