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How to initiate recovery suit
02-Jun-2023 (In Civil Law)
party has not paid for lawful debt. Cheques got returned without discharge the debt. criminal case is going on in the court of Rajkot(Gujarat). Meanwhile civil suit is finalised xparty against him to pay the debt amount with interest.Party has raised a dispute after one and half year regarding the quality of goods supplied by us and has filed a recovery civil suit to compensate the loss due to poor quality of goods . Can he file a recovery suit in Ludhiana ? Can we transfer the case in Rajkot?
The case of your opponent would be lack due to fact that you have already prosecuted him in criminal proceedings as well as in civil suit too. After that he challanged the quality of goods, then it is cristel clear that he made an excuse not to pay against your goods delivered. Finally, his suit must be dismissed as per the facts stated by you and rest with the terms of agreement sattled between you.
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Adv. Sarabjit Singh Cheema
Mohali | 25+ Answers
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U can file a tranfer application in apex court for transfer of case. Also, once the case was decided against him exparte you should have filed execution. Hope you got the reply, anything else just reply back.
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Adv. Pankaj Chauhan
Mohali | 100+ Answers
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