Kolkata advocate (Advocate) 10 April 2018

How to invoke section 65 of Indian contract act in debt reco

Pls mention some relevant judgements on it. How to invoke section 65 when an agreement is discovered to be void and claim return of benefits that op earned from it..if Drt refuses to grant section 65 then can one go for civil suit to recover the amount once the matter is resolved in Drt? Is it possible to start civil suit afresh to recover the money? Pls only experienced advocates reply...I don't need bank employees' reply on this matter.

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Siddharth Jain 10 April 2018

In your case suit for recovery of money for breach of a contract can be filed in civil court where the part of the cause of action arises within the meaning of Section 20(C) of the C.P.C.
You are entitled under Section of the Contract Act, to receive compensation for any loss by the damage caused to you which naturally arose in the usual course of business from such breach or which the parties knew when they made the contract to be likely to result from the breach of it. Under Section 73 of the Contract Act, such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.
For any other queries feel free to contact me at isidjain1@gmail.com