DR SURESHA G (SR ENVIRONMENTAL CONSULTANT ) 18 October 2020

Money recovery

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 .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. 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?

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5 Replies

naveenraj jain (proprietor) 18 October 2020

your lawyer must be filing a recovery suit it seems.

Dr J C Vashista (Advocate) 19 October 2020

Originally posted by : naveenraj jain
	your lawyer must be filing a recovery suit it seems.

We can just presume in the absence of relevant facts, which may or may not be correct.

manu seth (N/A) 19 October 2020

The court fee quoted must be in reference to filing a civil suit for recovery along with interest.
Please cross-check the limitation time with your lawyer i.e. 3 years from the date of cause of action, post which your right will be barred as per Limitation Act.

avadhesh Paliwal 19 October 2020

YOUR ADVOCATTE IS RIGHT AND FEES OF 286000/- IS AMOUNT AGAINST THE MONEY YOU CLAIM PLEASE FAITH IN YOUR ADVOCATE

G.L.N. Prasad (Retired employee.) 19 October 2020

One can not have the cake and eat it too. Nothing comes free in the world.

You wanted to recover the amount of Rs.1 crore + from your own brother.

These court proceedings may take a minimum of 3 years.

Now, you wanted to get rid of the court fee and seeking suggestions from this forum as to how to get rid of court fees..

If you wanted to recover the amount, the court fee is mandatory.

In addition, you may have to shed down another few lakhs as fees irrespective of the final outcome now as fees.

Whether you can recover any amount from him, what are his sources for payment, assets, attachment of assets before judgment, documents in your possession, likely success of the case, etc., has to be determined as to whether it is worth now to spend huge amounts for uncertain recovery after few years.

You can not avoid/evade court fees. It is mandatory. Whether to file suit is or not is your discretion.