Recovery of debts

DR SURESHA G (Querist) 18 October 2020 This query is : Resolved
Dear Professionals

I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?

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An NRI is seeking advice on recovering a substantial debt of Rs 1.5 crore from their brother, who has failed to repay funds transferred between 2016 and 2018. Despite issuing a legal notice, the brother has not responded, and the NRI is concerned about the significant court fees required to file a suit and the potential timeline for recovery. Advice suggests exploring amicable settlement options like arbitration or mediation due to the family relationship, as well as considering a cheque bouncing case for faster resolution, though court fees are generally unavoidable for filing civil suits.

Isaac Gabriel (Expert) 18 October 2020
In this issue,speedy recovery is no so easy.Since he is your own brother,try amicably settle through arbitration and avoid court fee.

Dr J C Vashista (Expert) 19 October 2020
Same story is repeated in lawyersclubofindia. forum.

Dr J C Vashista (Expert) 19 October 2020
Court fees is a State subject, which differ from State to State, which you did not mention where is your brother reside or work.
You have already engaged an able, competent lawyer who is well aware about facts of the case, what is his / her advise, follow it .
However, if you have lost faith in your lawyer it would be better to contact, consult and engage another local prudent lawyer for analysing of facts / documents, professional advise and necessary proceeding in appropriate Court.

Advocate Bhartesh goyal (Expert) 19 October 2020
For filling recovery suit you have to pay the court fee as per your State Act.you can't escape to submit court fee.

SHIRISH PAWAR, 7738990900 (Expert) 19 October 2020
Hello,

You have to pay court fees without court fees you cannot file a case. Civil suit now takes about one year to decide and summary suit can be decided much earlier.

Rajendra K Goyal (Expert) 19 October 2020
You missed to file cheque bouncing case when chequ was bounced.

Court fee has to be paid for filing recovery suit.

No one can predict outcome of the suit at this stage.

Rajendra K Goyal (Expert) 19 October 2020
Repeated query:
https://www.lawyersclubindia.com/experts/money-recovery--723336.asp
https://www.lawyersclubindia.com/experts/recovery-of-debts-723331.asp
https://www.lawyersclubindia.com/experts/recovery-of-debts-723341.asp

krishna mohan (Expert) 05 November 2020
Cheque bounding case will help you to recover the money fast. You can consult with your lawyer for right advise. Being a family dispute, you can also think of settlement with the help of elders or by division of property in lieu of money under dispute as it will be speedy and long lasting.

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