Information About NCLT Case File

My payment from one party is due from March 2019. In December, through a lawyer, I gave a notice to the party regarding my payment. After receiving the notice, there was an agreement between the party and me and he made half the payment immediately and gave a check for the remaining amount. I have just kept the check which I have not put in the bank. But now that party is neither talking to me nor paying. Can I now file a case on that party in NCLT. Please reply me. Thanks.

Answers (3)

69 votes
If the client of yours have issued a cheque to you, you can email it to them about the dues and for which if the cheques gets bounced you can charge them under that cheque bounce offence.
Wherein you can also charge them in a criminal court. If you approach NCLT the money recovery chance would be very less.
Hence, serve them a legal notice opt for cheque deposit.

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140 votes
Dear Client,
For cheque in hand, you can file Cheque bounce case. This cases are filed before Judicial/Metropolitan Magistrate Courts.

NCLT is tribunal for dealing with matters under Company law or Insolvency and Bankruptcy Code.


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303 votes
Yes. Since amount is not paid you have to issue a fresh notice and file afresh claim before the concerned NCLT. You should rely on the cheque and Agreement showing acceptance of claims.

Rakesh V Misar
Kachwala Misar & Co.
Advocates & Solicitors

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