Legal remedy to recover my money

873 votes

Under civil law you will have a remedy of initiating a civil suit for recovery of money before the City Civil Court Mumbai. You may exercise the provisions under Order 37 Code of Civil Procedure, 1908 and initiate a summary suit against the defaulter only to the extent to recover a debt or liquidated demand in money payable by the defaulter, with or without interest arising. Summary suit generally are decided much sooner as compared to regular suits. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff ’s allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question. Where the matter concerns penalties or any other uncertain amount, one cannot file a summary suit. However, it is pertinent to note that the limitation period within which you can initiate such civil proceedings is of 3 years from the cause of action i.e. from the date of default. You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or even mischief. However, criminal proceedings usually take a long time to conclude. So you may end up wasting valuable time and effort in court to recover your dues. Hope it helps.

Advocate Gaurav Sharma LawRato

751 votes

Dear Querist
As I understand from the given information, there is no proper Loan Agreement, Demand Promissory Notes etc drawn up between both the parties. However since the defaulter has paid interest to you for two years; we can establitash the fact that there was an arrangement and oral contract between the parties.
For Recovery of your money; Send across a legal notice to the defaulter through a Lawyer and thereafter also if the amount is not pad to you by the Defaulter than you can file Recovery Suit in Civil Court. Apart from filing Recovery Suit you can also initiate Criminal Actions against the Defaulter.
Based on the information provided by you, Jurisdiction of Court will be Dindoshi Court for Civil matter and for initiating Criminal proceedings, the appropriate jurisdiction will be of Magistrate Court at Borivali. ( However further details are required to ascertain jurisdiction of courts and initiate appropriate legal actions)

Advocate Vinit Jignesh Mehta LawRato

856 votes

Kindly let me know if there is any loan agreement signed between both of you ?
You can charge interest only if you have a money lending license. You can initiate civil and criminal legal proceedings against him provided that you have sufficient documents in writing and if you are able to prove the said amount by your account statement. For any further detailed advice kindly book a consultancy call and provide with more facts.

LawRato LawRato