Validity of Execution proceedings
26-Feb-2024 (In Recovery Law)
My Company filed civil suit against me for recovery of money of Rs. 10 lac on account of fraud and filed another separate civil suit against another employee for recovery of the same amount. The total fraud amount as estimated was Rs. 10 lac. I have lost the case and decree was awarded against me. My question is whether my company can file two separate suits for recovery of amount of 20/- lac (10 lac from me and 10 lac from other employee) whereas the the total amount lost in fraud is 10 lac.
If the loss incurred is only 10 lakh, it might not be practical or reasonable to file two separate cases for recovery. The decision to file legal cases for recovery depends on various factors such as the nature of the loss, the legal framework governing the situation, the chances of successful recovery, and the costs associated with litigation. Sometimes, pursuing multiple legal cases for the same loss might not be cost-effective or efficient, especially if the recovery amount is relatively small compared to the expenses and efforts involved in litigation. However, legal strategies and considerations can vary based on jurisdiction and specific circumstances. It's advisable to consult with a legal expert for tailored advice regarding the best course of action in such situations.
From a technical standpoint, their recourse is limited to filing a lawsuit for Rs. 10 lakhs against the perpetrator of the fraud. It appears they may have neglected to pursue additional damages. However, given that the lawsuit has already been adjudicated, there's little recourse for further action. Now, the focus should shift towards execution proceedings, and devising a strategic approach with your lawyer to navigate this phase effectively.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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