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Company/ office not paying back my money


26-Jun-2023 (In Recovery Law)
How to recover money from a Pvt. Ltd. Company?
Answers (1)

Answer #1
196 votes

The 2 best ways to get your money back are-

  • By filing a recovery suit

  • By filing a winding-up petition

 
1. A recovery suit is filed under Order- 37 of the Civil Procedure Code in which the plaintiff is only looking to recover money from the defendant, with or without interest arising-

  1. On a written contract.

  2. On an enactment, where the sum that has to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

  3. On a guarantee, where the claim against the principal is in respect of a debt only.

  4. Suit for recovery of receivables instituted by any assignee of a receivable.

 

2. A winding-up petition is initiated for non-repayment of a debt whether whole or in part, which has become due and payable through an application to the appropriate court under Section- 270 of the Companies Act, 2013.

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