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Discussion > Civil Law > Procedure > To recover money given to someone   Unanswered Threads Post New Topic

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There are 5 Replies to this message


Harshal Naik


Student
[ Scorecard : 45]
PRO CHAT CALL
Posted On 09 July 2012 at 18:53 Report Abuse

Hi,

One person has to pay us Rs.1,12,000

We have given him money by cheque for investment.

He had given us interest earlier. Later on he didnt give saying that he is in loss. He told us that he will pay the money.

We have a written agreement saying that we have given money to him and he wil give monthly returns as well as give us full amount back when required.

1. As per agreement he had to give money back,he didnt give

2. He said he will give a cheque of 10,000Per month as installment to return my money, he is not giving

3.Now he is saying that i am collecting money through chit fund and giving you.

We have paid all amount by cheque, we have all proofs.

This person is not a permanant resident of my city. He keeps on changing places and switches of phone and cuts our call when we call for money.

How should we recover money from him. His permanant address is different



Adv. Bharat Chugh


Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10324]
PRO CHAT CALL
Posted On 09 July 2012 at 20:55

I am afraid you'd have to file a civil suit for recovery against him. Also institue necessary criminal complaints against him as the guy appears to be a con man, criminal proceedings have a deterrent effect and not civil proceedings. 



Total thanks : 1 times

Ashish Davessar


Practicing Advocate/Legal Consultant/Legal Process Outsourcing, 08427414792
[ Scorecard : 6425]
PRO CHAT CALL
Posted On 09 July 2012 at 21:10

File a summary civil suit for recovery against him wherein he would have to put up appearance in the court within 10 days and then seek leave of the court to defend the suit. If the affidavit filed by him does not dislcose a plausible defence, the court will not give him the leave to defend and the decree would be passed in your favour.

I disagree with Ld.Bharat inasmuch as criminal proceedings are concerned. It is entirely a civil dispute and no criminal case is made out. 



Total thanks : 1 times

Advocate Bhartesh goyal


advocate
[ Scorecard : 5308]
PRO CHAT CALL
Posted On 09 July 2012 at 21:24

I  am also of the same opinion as expressed by Ashish Devessar. 


Harshal Naik


Student
[ Scorecard : 45]
PRO CHAT CALL
Posted On 09 July 2012 at 23:54

hello sir, thank you all for your replies. This person is not a con man. But due to some circumstances he is unable to pay us the money. He wants us to give him time. We were ready to give him time but this man doesnt pick our phone  calls. He calls us and gives excuses that he is not well, someone expired etc. But now we cannot wait for him.

 

What is the procedure to file a civil suit of recovery against him.

and what decision can court take if he say that he has no money at all to pay ?

How much time does it take for recovery





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