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Advocate Suneel Moudgil (Advocate)     18 November 2010

(Under Order XXXVII of the Code of Civil Procedure 1908

Dear All,

Kindly clarify , whether i can file suit under order Order XXXVII of the Code of Civil Procedure 1908, with following facts:-

 

1-                     That during the course of business with the defendant the plaintiff had supplied  material to the defendant company many times vide various invoices. During the course of business the plaintiff issued proper bills to the defendant, by the defendant from 01/04/2007 to 15/02/2009 

2-                     That as per the statement of account maintained by the plaintiff the balance amount of Rs. 29358/- as on 15.02.2009 is outstanding against the defendant after receiving the last payment of Rs. 10000/- on 15.02.2009.

 

 

Waiting for an early response.

 

Thanks



Learning

 7 Replies

DEEPAK ASSOCIATES (08010117611)     18 November 2010

yes, if you have proper receipt of bills and/or purchase order.

1 Like

harpreet singh (private practice)     19 November 2010

A billis is a written contract so a suit under order 37 is maintainable

1 Like

(Guest)

1. The money you are claiming is a debt

2. Also a fixed sum of money 

3. With or without interest

So you can file the suit on bils or vouchers under the summary procedure

The suit must specifically stated and filed under the heading order 37 

1 Like

(Guest)

A suit under Summary Procedure u/O.XXXVII of C.P.C. can be filed only on the basis of Negotiable Instruments such as Cheque, Promissory Note, Bills of Exchange. So in the absence of any of these, you cannot file the Summary Suit. But you can file only a regular Suit u/O.VII C.P.C.

Amit Minocha (Lawyer)     22 December 2010

Incase you have the acknowledgement of the other party on the statement of account / bills / balance confirmation , it is well cover wihin the preview of the ORDER XXXVII CPC else it would become a trialble issue regarding the transaction and dues thereof.

Rashmi (trainee)     18 July 2012

Dear Sir

 

our client has supplied material to other party and for the same our client has rasied invoice bills and lorry receipts but not aknlowledge by the other side, in such situation can we file summary suit

Vijay Mudliar (Proprietor)     25 September 2013

Dear sirs

I have been supplying material to one of the Reality Company for almost 3Years against their proper Purchase Orders & used to receive payments against the bills raised as per the said Purchase Order. However due to some other issue the company has Held my payment due of almost Ten Lakhs.

After lot of requests & meetings when I did not received the [payment.

I made a legal claim through a Senior Lawyer Under , Special Summary Suit under Order 37 of civil Procedure code 1908 . Now the case is at point of Cross questioning & the defendent lawyer has argued that the case should be dismissed since it is not maintainable under the section maintained.

 I am a small Buisnessman & have been never been to courts.

 

Kindly advice me the truth as my lawyer says it is maintainable.

 

Regards

 

Vijay Mudliar

 


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