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Recovery suit

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved 
HELLO.
PLEASE LET ME KNOW IF ONE HAS TO FILE A RECOVERY SUIT AGAINST A PROPRIETOR SHIP COMPANY, WHAT ARE THE CHARGES OF LAWYER AND COURT AND PROCEDURES? HOW LONG DOES IT TAKE TO RECOVERY DEBT BY DOING SO? AND ANY OTHER FASTEST WAY OF RECOVERY OF DEBT.THANKS
ajay sethi (Expert) 05 December 2011
where are you located? lawyer fees would vary form lawyer to alwyer and no fixed rate can be mentioned .

if suit is contested it takes ages . howver if you have filed summary suit you can get interim order soon directing party to deposit amount in court if you have a good case .

if defendant does not have any case you cna get a decree too within 2 years
Querist : Anonymous (Querist) 05 December 2011
Dear Sir,
thanks. I am based in pune. I dont know much about legal terms. Please explain me the meaning of"if suit is contested" and " filed summary suit"???? also what is meaning of decree too within 2years?
I have pdc of the company which have bounced.what else is required to get interim order soon. how soon can one get interim order?
thanks
Raj Kumar Makkad (Expert) 05 December 2011
Charges depend upon mutual understanding, however, you shall have to affix stamp duty as per prevailing rates of your state. Generally 3-4 years time is required to finalize such contestant suits in loswer court.
Querist : Anonymous (Querist) 05 December 2011
Dear Mr Raj, so does it mean in simple words that it will take 3-4yrs to recover the money?
I am trying to take a letter of undertaking from the company confirming he owes me x amount of money. will that help recover funds faster? can police help me to recover funds faster?
Shailesh Kr. Shah (Expert) 05 December 2011
Initiate Seprate criminal action help fast.
ajay sethi (Expert) 05 December 2011
it is a civil case . if the proprietory concern fights the case it takes more time

if you have cheque that bounced you can file complaint for bouncing of cheque too

consult a local lawyer
Rajeev Kumar (Expert) 05 December 2011
Agree with experts opinion
Querist : Anonymous (Querist) 05 December 2011
My lawyer is very busy . Please advise if proprierory concern can fight the case even after his cheque has bounced?? what is the procedure for cheque bouncing complaint? how long will it take to recover money on cheque bouncing case?
ajay sethi (Expert) 05 December 2011
yes it can

issue notice . if no payment made fil e complaint withi stipulated period .

take 4 years atleast for disposal of criminal complaint .

it is for punishment not recovery . you have to file civil case for recovery
Querist : Anonymous (Querist) 05 December 2011
Dear Sethiji,
thanks for your prompt reply. just a last clarification required.

A) Will it take 4yrs to run the case due to bounced cheque????
Sorry but i dont understand legal terms like disposalof criminal complaint?????


B) So separate case has to be filed for civil and separate for cheque bounce right?

PLEASE ADVISE SIR/
GRATEFUL
Devajyoti Barman (Expert) 05 December 2011
a. Yes or even more than that.
2.yes you are right.
Querist : Anonymous (Querist) 05 December 2011
Dear Devajyotiji,

Thanks a lot.

There is no way at all the money owed to me can be received by me in less than a year????

SO BASICALLY I HAVE TO WAIT FOR 4YRS????

ajay sethi (Expert) 05 December 2011
you would be lucky if case is disposed of in 4 years . file separate civil and criminal case .
M/s. Y-not legal services (Expert) 05 December 2011
am agree with ajay sir., since he is from mumbai, you can take appointment for consult him.,,
Querist : Anonymous (Querist) 06 December 2011
Gd morning! does it mean it can take more than 4yrs???????
Shailesh Kr. Shah (Expert) 17 December 2011
yes, because it is pendency of cases, which is very well known by Mr.Ajay Sethi.


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