Sanjaycase (service) 02 April 2014
I have two checks given by party totaling 15 lacs which bounced due to insufficient funds. I am aware of 138 case as one possibility.
Please suggest under what category I can file the recover in civil suit. How much will be legal charges in terms of % court fees. What is the usual tenure for the decision from court and how much the lawyer is likely to charge in Pune city.
Please comment.
adv.raghavan (Advocate,9444674980) 02 April 2014
You can go for summary suit under Order 37 of the Code of Civil Procedure (1908) . A summary suit is different from an ordinary suit as it does not give the accused the right to defend himself. Instead, the defendant has to procure permission from the court to do so. However, remember that summary suits can be availed of only in recovery matters, be it promissory notes, bills of exchange or cheques. "Since a summary suit is a civil proceeding that does not have the force of a criminal charge, the chances of imprisonment are remote in such matters.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 April 2014
Dear Querist
you can file a civil suit for recovery of money under order 37 of CPC and the court fee will be 3%-4% of the suit valuation. time is minimum six months, and the lawyer fee is differ as per lawyer.
G. Y. Sharma (Advocate) 28 May 2014
To
Sanjaycase.
Summary Suit under Order XXXVII of CPC for recovery of money is possible subject to certain categories of suits and the courts as per the notification in the Official Gazette. See whether the courts in your locality are equipped with the procedure prescribed for filing summary suits. The court fee shall be as per the schedule mentioned in the Court Fee Act. The Advocate Fee would differ from Pleader to Pleader.
GY SHARMA
ADVOCATE
HANUMAKONDA - WARANGAL DISTRICT - A.P.
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