A Chinese supplier can recover money from an Indian buyer through a legal notice, a commercial summary suit under Order XXXVII CPC, insolvency proceedings against a company with an undisputed debt above the threshold, or enforcement of an arbitration award. A Chinese judgment is not directly enforceable, so proceedings in India or arbitration are the practical options.
- Document route
- Chinese notary office and apostille, or Indian mission attestation
- Time difference
- IST is 2h30 behind China all year
- Cheque cases
- Section 138, NI Act 1881
- Civil suit
- Order XXXVII CPC
Money Recovery from India from China: how it works
We review the contract or purchase orders, invoices, bills of lading, quality reports and emails, and send a legal notice. Many buyers pay or propose a plan at this stage. If not, we choose the remedy: a summary suit after pre-institution mediation for documented debts, insolvency proceedings for undisputed operational debts, or arbitration under the contract.
Where the buyer alleges defects, we gather inspection evidence early. Recovered money is remitted to China through banking channels.
If the Indian buyer has diverted goods or sold them without paying, we look at whether the contract reserved title until payment, which can support a claim to the goods or their proceeds.
What clients in China should know
- File within three years of the payment becoming due.
- Keep inspection and shipping records for every consignment.
- Check the buyer's financial position before extending credit.
Step by step from China
Video consultation
A call at a time that suits China, after we have read your documents.
Documents signed in China
Chinese notary office and apostille, or Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in China where needed.
The full guide
This page covers what changes when you are in China. For the law, the documents and the step-by-step procedure, read our main page on Money Recovery from India, or see all services for clients in China and the Disputes & Enforcement practice area.
Questions from clients in China
Can a Chinese company file a suit in India?
Yes, through an authorised representative with an apostilled board resolution.
Is insolvency useful for recovery?
It can be, where the debt is undisputed and above the threshold.
Can we claim interest?
Yes, as agreed or as allowed by the court.
Does a retention of title clause help in India?
It can, if properly drafted and the goods can still be identified.