What Is The Process Of Recovery Suit In India For NRI Person?
- lead India
- May 31, 2023
- 3 min read
The article below explains about the provisions laid down by the legislature related to the suit for recovery of money as has been mentioned in Order 37 of the CPC. Also, summary suits are another option for the process of recovery suit in addition to the procedure which has been provided under Order IV. The procedure mentioned under order 37 of the CPC could be initiated mostly for financial matters. Basic objective behind the introduction of such provision is the speedy disposition of business disputes.
Suits for money recovery under CPC-
A lawsuit for money recovery is the kind of legal remedy so as to collect money from a defaulter. The aggrieved party can file a lawsuit under Order IV of the CPC, 1908. The suit filed under this provision is similar to the summary suit which has been provided under Section 37 of the CPC, allowing for a speedy resolution as the other party to the suit will not be allowed to defend as a subject of rights, that too after it has received permission from the court.
Order 37 of the CPC has been provided to a potential plaintiff, who wishes to file a civil suit. Generally, Rule 1, Sub-Rule 2 shall be applied to all such suits which involve bills of exchange, hundies, promissory notes, etc., where the plaintiff seeks to recover a debt or a liquidated demand in money which is payable on the basis of a written contract, an enactment, where the total amount which the plaintiff seek to be repossessed is a definite amount owed to him.
Where can a suit be instituted?
The suit for recovery could be instituted in any location or place where the defendant is residing or such place where the defendant conducts business or is working for profitable gains or the cause of action arose in accordance with the Order IV of the CPC, 1908.
After a preliminary enquiry, it will be decided if such a suit shall be filed in the District court or the High Court based on the monetary amount involved in the case.
If the petitioner is an NRI, it is advised to seek legal guidance of an experienced lawyer in Kolkata before filing for the suit.
Who can file the suit?
Any company, partnership firm, proprietorship company, merchants, etc. are qualified to file a case for restoration of any unpaid debts or the commercial delinquent amount or any transaction in case the principals have a documented agreement.
How a suit is filed?
Civil lawsuit is the first step towards initiating a legal action. Plaint is a written document which explains the facts of the case, the amount which is being sought by the aggrieved, including any interest if any. An affidavit should be used to establish facts in any such complaint.
Recovery of money is a unique situation and the approximate amount which is sought by the plaintiff is required to be included in the lawsuit by him.
One of the most important steps is the appointment of experienced cheque bounce lawyers in Kolkata or lawyers in your own city who can guide you through the whole procedure and can also advise you with the various legal options which are available to you as provided by the law.
Conclusion-
As an NRI is not staying in India, it is important to be understood that he must be represented by an experienced property lawyer in Mumbai or any other part of the country who is trustworthy and can ensure that his client’s rights are protected.
Appointing a lawyer would be beneficial as compared to hiring a friend or relative as at some point of time, it could be possible that they may not pay close attention to the business of their relative who is not present there for most of the time.
Lead India offers you a team of experienced and trustworthy lawyers who have been dealing with such cases for NRIs for a long period of time. Hence, in case you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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