Court fee
Rajeshmohan
(Querist) 11 January 2018
This query is : Resolved
To file a money suit for 30 crores at madras high court, what will be the court fee I have to pay and other expenses. If I pay shall I get the attachment against the immovable properties (title deeds) with me. The dues payable since 2014. On 15.03.2015, he acknowledged the payment vide a letter of undertaking and agreed to settle with 1.5% interest per month on monthly rests. After that a Part payment of 1.6 crores paid by RTGS transfer from his account to my account on 15/04/2015. After that simply dragging. Please inform what is the limitation period and before which date I shall file money suit. He gave two undated Cheques with covering letter leaving Cheque date place and separately signed there. Can I fill the date and deposit the Cheque and initiate 138 proceedings. If there is any short way through legal means, kindly inform me. Thanks
Vijay Raj Mahajan
(Expert) 12 January 2018
The acknowledgment of the payment date 15.3.2015 and first instalment paid on 15.4.2015 after that there was no payment. These are significate dates which give you time limit of 3 years to file suit for recovery of the money due from the debtor. You need to file Summary civil suit for recovery of the balance due amount and interest thereon as agreed between both under Order 32 CPC for its recovery in the High Court.
The use of undated bank cheques can be used to recover the money and on being defaulted due to non availability of sufficient funds the bounced bank cheque complaint for criminal complaint under section 138 NI Act will only for getting the defaulter/debtor punished not for recovery of the debts due from him.
As far Court fee in Madras High Court is concerned that has to be checked from the High Court website as every High Court and district courts under it has different State Suit Valuation and Court Fees Act for this purpose.
M V Gupta
(Expert) 12 January 2018
I agree with the views of the expert above.
Dr J C Vashista
(Expert) 15 January 2018
Same query in experts platform, see reply there itself.
Rajeshmohan
(Querist) 15 January 2018
Thank you for valuable suggestion but you have not informed the date before which I should file the recovery suit in the madras high court.
