Recovery of money through recovery suit

843 votes

You may get a legal notice demanding the due amount. Thereafter if amount is not paid to you, you may file a civil recovery suit. For detailed procedure, you may contact me. You need all recessary documents like bill, stale Cheque, ledger etc.

Advocate Pankaj Kumar LawRato

595 votes

Recovery suit is maintainable. Cheques can be presented again at bank if 6 months have not passed and a complaint for dishonour of cheques can be filed at the competent court. If it is a company or partnership firm, you can also go for IBC PETITION.

Advocate Ankit Sharma LawRato

856 votes

Hi, in the scenario stated, a summary suit under Order 37 of CPC can be preferred by you to recover your legally recoverable debt through a civil court. This procedure is generally more quick and effective method for recovery of dues as opposed to a regular civil suit as the law prescribes a strict time line and a summary procedure. The defendant will have to file a leave to defend within 10 days failing which the suit may be decreed in your favour. This civil suit will be filed in a civil court where either the defendant ordinarily runs his/her business or where the cause of action arose.

Ordinarily, such recovery can be done on the basis of purchase orders/invoices within 3 years from the date of raising of such invoice/purchase order since the statute of limitation bars recovery of debts older than 3 years in such factual background. However, even if the purchase orders/ invoices are more than 3 years old, there are exceptions/provisions available under the Limitation Act. I will be happy to discuss the matter in detail.

Advocate Mayank Aggarwal LawRato

514 votes

Notice can be sent any time . Please Send the notice now for recovery through Advocate. After the period of payment expires, file civil suit for recovery .Deposit court fee as per value of recovery.
You can still file criminal suit( only to punish, not recovery) which amount to theft, criminal breach of trust, and cheating which are offences punishable under section 378 (Theft), 403 (Dishonest ... Misappropriation of Property), 405 (Criminal Breach of Trust), 415 (Cheating), 425 (Mischief) of the Indian Penal Code against your customer.

Advocate Vijay Sahni LawRato

695 votes

You can file a recovery suit in the civil court or district court as per the pecuniary jurisdiction for principal plus interest. The commercial transaction should with in the three years from the date of filing of the suit.

Advocate Manish Sharma LawRato