Waht are the documents required for filing recovery suit.
BAALASUBRAMANNYAMM
(Querist) 22 March 2011
This query is : Resolved
Respected Experts,
"A" has given hand loan of Rs.1 Lakh to "B" by way of Account Payee Crossed cheque and the same was debited in his account.After some time,"B" has given a cheque for Rs.75 thousand by way of Account Payee crossed cheque to "A" which was also credited to A's Bank account. So finally "B" is in due of Rs.25 thousand. Even after several demands, "B" is not caring his words. "A" got issued a legal notice, which was returned as REFUSED.
So if "A" wants to file a civil suit for recovery, what are the documents he requires.
M V Gupta
(Expert) 23 March 2011
In addition to the xerox copies of the bank pass book showing the relevant entries, u have to file xerox copies of the written demands sent to B, and copy of the legal notice issued to B and the postal acknowledgement and other relevant documentary evidence should be filed along with the Plaint.
Sri Vijayan.A
(Expert) 23 March 2011
The bank pass book alone is not sufficient.
If B defends that A had to give Rs.1 L to B and returned the same by cheque, what will be A's reaction.
In that situation, the case will be like this; B has given Rs75,ooo to A; it may loan to A.
So, if you have any deed/ document like promissory note, produce it.
Just transaction shall not suffice
BAALASUBRAMANNYAMM
(Querist) 23 March 2011
Thankz to all the Respected Experts, for giving your valuable suggession.
