The following article deals with the provisions laid down by the law in relation to the suit for recovery of money provided under Order 37 of the CPC. Also, in addition to the procedure provided under Order IV, summary suits are another option. The procedure provided under order 37 of the CPC is for financial matters mostly. The basic principle behind the provision is the speedy disposition of the business disputes.
Suit for money recovery under CPC-
The lawsuit for monetary recovery provides a legal remedy so as to collect money from a defaulter. The lawsuit could be filed under Order IV of the CPC, 1908. It is similar to the summary suit provided under Section 37 of the CPC, which allows for a speedy resolution as the other party is not allowed to defend as a subject of rights, that too after receiving permission from the court.
Order 37 of the CPC is the provision provided to a potential plaintiff, who wishes to file a civil suit. Generally, Rule 1, Sub-Rule 2 applies to all the suits related to bills of exchange, hundies, promissory notes, etc. which the plaintiff seeks to recover a debt or a liquidated demand in money payable based on a written contract, an enactment, where the total amount to be repossessed is a definite amount owed to the plaintiff.
Where can the suit be instituted?
The suit can be instituted in any location/ place where the defendant resides or the place where the defendant conducts business or works for profitable gains or the cause of action arises according to Order IV of the CPC, 1908.
After the preliminary inquiry, it is decided if the suit is to be filed in the District Court or the High Court on the basis of the monetary amount.
As the petitioner is an NRI, it is advised to seek the advice of an experienced Corporate Lawyers In Kolkatabefore filing the suit.
Who can file the suit?
A company, partnership firm, proprietorship company, merchants among others, are qualified to file the case for the restoration of the unpaid debts or the commercial delinquent amount or transaction in case the principals have a documented agreement.
How to file a suit?
Civil lawsuit is the initial step in a legal action. Plaint is a written document which has the facts of the case, the amount being sought, including any interest. The affidavit must be used to establish the facts in any such complaint.
Money recovery is a unique situation and the approximate amount sought by the plaintiff must be included in the lawsuit by him.
Most important is the appointment of experienced Cheque Bounce Lawyers In Kolkata who could guide you through the whole procedure and also could advise you with the various legal options available to you as per the law.
Conclusion-
As an NRI does not stay in India, it is important that he is represented by an experienced Property Lawyer In India, who is trustworthy and could ensure that the rights of his client are protected. Appointing a lawyer is beneficial in comparison to hiring any friend or a relative as at some point of time, it may be possible that they do not pay close attention to the business of their relative who is not there for most of the time. Lead India offers you a team of experienced professional advocates who are trustworthy and have been dealing with these issues for NRIs for a long period of time.
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