Recovery of deposit money paid against l&l agreement
ADV-JEEVAN PATIL, MUMBAI
(Querist) 23 January 2017
This query is : Resolved
L&L Agreement motorized. On Expiry licensee demanded deposit of Rs.1.5lakh. Licensee retained his machinery & locked room until return of deposit. Licencor brokeopenlock & put his own. Complaint lodged. He promised on stamp paper to give. but did not gave for 3 years. Legal Notice is again being sent by Regd. Post to keep the claim alive to file complaint/case in courts.
1) Is it possible to file cheating complaint
and/or Summery suit under O.37.
2) Agreement is not Registered.
Your Suggestions will consolidate my action.
Adv Prashant
(Expert) 24 January 2017
Dear Advocate Patil sir...
1.Yes , you can proceeds u/o 37 for relief
Under Order 37, there are two stages of getting the Suit decreed. One is at the stage of Rule 2(3) and the other is at the stage of Rule 2(6).
Rule 2(3) states the procedure for appearance of Defendant which is within 10 days from the service of the summons on him. After entering appearance, the Plaintiff serves on the Defendant summons for judgment within ten days from the date of service supported by an Affidavit; verifying the cause of action, amount claimed and that in his belief there is no defence to the suit.
Rule 2(6) states that in case the Defendant does not apply for a leave to defend, (a) the Plaintiff shall be entitled to judgment immediately or (b) the Court may direct the Defendant to give such security as it may deem fit. Sub-clause 7 states that in case sufficient cause is shown, the delay in entering an appearance or in applying for leave to defend the Suit may also be excused.
2. You don't care for agreement not registered in your case as you are within limitation period.
Further any clarificationclarification call me @ 9760290825 10 p.m. to 5 a.m.
ADV-JEEVAN PATIL, MUMBAI
(Querist) 24 January 2017
Thanks Adv. Prashant for quick response. I will certainly contact you latter for opinion
ADV-JEEVAN PATIL, MUMBAI
(Querist) 24 January 2017
Thanks Adv. Prashant for quick response. I will certainly contact you latter for opinion
Kishor Mehta
(Expert) 24 January 2017
Sir,
With due respect I would like to raise two relevant queries in the matter:
[1] Whether an unregistered document is accepted as evidence in a Court of Law?
[2] Whether one can side track the Law of Limitations just by issuing a notice of demand which the other party may or may not agree to? A legal suit has to be filed for recovery within 3 years to satisfy the terms of Law of Limitations.
Good Luck,
Kishor Mehta
M V Gupta
(Expert) 28 January 2017
my views on the isues raised by u are as under:
1. Is it possible to file cheating complaint and/or file summary suit under )r 37?
First on filing suit under Or 37, -- the suit will be time barred unless the land lord in reply to ur notice has ackowledged his liabillity to pay and gave a promise to pay the amount. Filing of cheating complaint with the police after lapse of such long time may not be sustainable. The police may consider the dispute as a civil dispute in view of the written promise which has been accepted by ur client.
2. registration of the agreement not necessary.
