Recovery of money from a friend by using Summary Suit Order 37 CPC
30-Nov-2023 (In Recovery Law)
I had casually given money to one of my friends because of his urgent requirements and miserable condition. Since, we both were from same college there was some level of friendship and bonding. I have sent money in multiple upi transaction over a long period of time. Approx, 90k + money had given to him. Everytime I ask to return money, he makes excuses of financial, professional, or family issues. I have now realised that he has evil intentions and don't want to repay and somehow escape from this matter. I have screenshots of upi transactions and also call recording of him asking money and his verbal acceptance that he is indebted to me for certain amount of money as evidence. Can we go for Summary Suit Order 37 CPC? Is is case eligible for this law. Is there other way we can handle this. Please, estimate about time and cost. What will be jurisdiction of court if the person is from other state.
Dear Questionnaire
As per the law you can file criminal as well as civil suit against defaulter. So far as jurisdiction is concerned you can file case from the place you are sending money and also the place of opposite party. You can file money suit under Order 37 of CPC but suggest to file criminal case.
As per the law you can file criminal as well as civil suit against defaulter. So far as jurisdiction is concerned you can file case from the place you are sending money and also the place of opposite party. You can file money suit under Order 37 of CPC but suggest to file criminal case.
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