Need for a Summary Suit
Querist :
Anonymous
(Querist) 10 May 2011
This query is : Resolved
I have filed a company petition against a firm in High court from where I am yet to receive an amount against work done at their premises for which I also possess their official work order. Now I want to know whether I should also file a summary suit? As it will cost me, is it really needed? what are the advantages? Please help
Devajyoti Barman
(Expert) 10 May 2011
The company petition needs to be seen.
On the same cause of action you may not explore two legal recourse.
M/s. Y-not legal services
(Expert) 10 May 2011
Yes. Your pending case only enough. Just wait for its disposal.. Then you may decide what have to do further..
Querist :
Anonymous
(Querist) 11 May 2011
Thanks for the reply. But the problem is that only 2 months are remaining for completion of 3 years after raising the bill which the client has not paid. I may not be able to file a suit then.
R.Ramachandran
(Expert) 11 May 2011
When you say that you have filed a Company Petition, do you may petition for winding up of the company?
If so, you can separately file a summary suit for recovery of money Under Order 37 of the CPC. There is no bar for filing such a summary suit, while the winding up petition is pending.
R.Ramachandran
(Expert) 11 May 2011
In the first sentence, please read "do you mean petition forwinding up of the Company?" instead of what has been wrongly typed earlier.
Querist :
Anonymous
(Querist) 11 May 2011
Yes i have filed a winding up petition. So as you suggested I can file a summary suit also. Thank you for the confirmation. I want to know what are the advantages of filing a summary suit? Why it is to be filed?
R.Ramachandran
(Expert) 11 May 2011
It is not necessary that your winding up petition may be considered favourably by the High Court. The case can get dismissed. If that happens, and by the time your limitation to file a suit for recovery also gets lapsed, you will be stranded without any remedy.
Therefore, as a matter of abundant precaution you have to file the recovery suit (in this case summary suit).
Querist :
Anonymous
(Querist) 11 May 2011
Is it just a precautionary step? Cause if i loose company petition by any reason, my suit will also loose its grip. is it not?
I heard summary suit helps recovering money faster than winding up petition. is it true?
As filing a summary suit is a costly affair i am just making sure that i am making a right move towards the case.
If both suit & petition are running parallely. In case one ends, another is assumed to be ended? or it gets continued?
