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Filing recovery suit after 3 years process with condonation of delay


19-Oct-2023 (In Recovery Law)
I have delivered a product to a person on credit basis and he defaulted me the amount after receiving it by not responding and giving excuses.This the incident of august 2017.I recently sent him legal notice dated 3rd october 2022 and he acknowledged it and when i called him on 10 october 2022 and reminded him that his payment of 2017 is pending towards me , he acknowledged it and agreed that he will pay me by 18th october and his commitment date is again lapsedPlease tell me , can i file lawsuit against him as he cheated mePlease advise me whether legal action can be taken against him for the money he owe me since 2017 , i also have latest proofs of october 2022 in form of voice call recordings/whatsapp chats of his acknowledgement that he will pay me but every date he gives me , he just fail on itCan i file lawsuit now along with condonation of delay mentioning the reason that i was not capable of bearing legal expenses of lawsuit in 2017 and time shortage.
Answers (2)

Answer #1
685 votes
Yes sir recovery suit can be filed 3 years from the date of acknowledgement of the liability. You are still in limitation period. Once the liability is admitted and acknowledged the limitation period get renewd
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Answer #2
855 votes
Hello you can file a suit for recovery in the civil courts as your customer acknowledged the legal notice sent by you and confirmed to make payment on 18-10-2022. Time limitation for filing civil suits was condoned due to covid time by Hon'ble Supreme Court, hence you can take benefit of some period of delay depending upon the dates in your case.
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