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Debt recovery

(Querist) 23 September 2009 This query is : Resolved 
Dear Friends,

Pls let me have your response on the following query.

One of customer of my company has not paid against goods supplied worth Rs 2 lacs in June 2008 despite repeated reminders. company wants to initiate legal action, as a legal officer I am suppose to advise the course of action. In my opinion the following action should be taken.

1. Issue a legal Notice to the party giving a week time to pay the debts other wise face the legal consequences.

2. In case of default file a debt recovery suit(I am not sure abt the nature of suit to be filed) before a civil court of the jurisdiction.

3. ANd file a criminal suit of cheating simultaneously.

Pls let me know your views.

Regards

P.c. Joshiriven
Manish Singh (Expert) 23 September 2009
use the option first and second.
file a recovery suit at civil court alongwith asking for interest and damages. that will be sufficient.riven
adv. rajeev ( rajoo ) (Expert) 23 September 2009
U cannot file a criminal case, it amounts to civil case. So u can go for option 1 & 2riven
Raj Kumar Makkad (Expert) 23 September 2009
Agreed with Manish Singh.riven
Adinath@Avinash Patil (Expert) 23 September 2009
You can file recovery suit. If you want to file criminal complaint please go throgh the ingrediant of cheating,I think criminal complaint does not help you.hence you go with your option 1&2.riven


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