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Dharmesh Manjeshwar (Advocate/Lawyer)     22 July 2009

Limitation to file civil recovery suit

I understand that there is a 3 year limitation period to file a civil recovery suit. My question is if I issue a notice to the opposite party within the said 3 year period, Can it be said that the 3 year limitation has started afresh from the date of issuance of such notice and/or from the date of receipt of such notice to the opposite party irrespective of the fact that the said notice has been replied or not replied by the opposite party ?



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 13 Replies

Vishwa Bhushan Arya (Service)     22 July 2009

Dear Gentleman:

It is an acknowledgement of debt in writing within three years would restart the limitation afresh and issuance of your notice whether received or not has no bearing on the limitation.  However, if by ignorance while replying the notice, one has acknowledged the debt, then that would restart the limitation.

Vishwa Bhushan Arya

aruntrivedi (lawyer)     23 July 2009

vishwa is right - before expiry of three years you should take confirmation of debt and therefore all financial istitutions are issuing such notice very periodically and recover some amount as a part payment which is confirmity of debt. try taking some part amount with some proof of payment like cheque, demand draft or atleast his letter of bieng unable to pay your debt amount, if three years are expired.

Arvind Parmar (Service)     24 July 2009

The limitation period for repayment of the debt is 3 years if the acceptance of the loan has not been given by borrower within that period, its true but after file suit against borrower & not follwup for 12 years then the recovery is not possible

Amit Gupta (Advocate)     24 July 2009

limitaion for filing is 3 years, but incase u hav received any payment or installment or interest than the limitaion will again start from that day.

UltimaCyberman (-)     26 December 2009

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Jithendra.H.J (Lawyer)     27 December 2009

 Vishwa Bhusan  is right, limitation wont continue neither form the date of demand nor from the date of denial 

SURESH GUPTA (retired officer)     17 November 2010

I was sent on foreign tour by my department in 1995 and paid daily allowance of $350.I retired from service in April 2000.Now the department  in 2010 has issued me a notice that  audit has pointed out that I was paid Daily Allowance in excess than permissible. I have been asked to deposit Rs. 81000 failing which a recovery suite will be filed. Can the department recover the allowance paid to me in good faith and is not filing of a recovery suite time limit barred?

Suresh Gupta

aruntrivedi (lawyer)     18 November 2010

The allowance is granted for foreign tour of Government Official as per permission obtained from Reserve bank of India and then exchange is obtained. If it is granted by RBI then auditor cannot take objection because as per Exchange Control Rules said daily allowance is granted by RBI and the nobody can take objection same is granted as per your category in office your position and other details given in form duly signed by your office authorities. If you have copy of RBI permission for grant of such daily allowance pl produce same and audit para shall be deleted as resolved. I am ex-IAS I know these facts.

kranthi (retainer advocate)     19 November 2010

 i agree with aruntrivedi sir, U have been fixed the fee when ever u gone to toor

kranthi (retainer advocate)     19 November 2010

i agree with viswa, with in three years u have to receive the any payment or the person must acknowledge the debt

Vishwa Bhushan Arya (Service)     21 November 2010

Dear Mr. Gupta:

irrespective of objection being right or wrong, be it may by auditors or the employer, the excess payment of daily allowance in 1995, if any, cannot be recovered in 2010.  the debt, if any, is now time barred..

 

 

Ms.Usha Kapoor (CEO)     17 June 2017

Limitation for recovery of money  is 3 years. but after suit for recovery it is not followed up within 12 years then recovery is never possible.If for a while you've  stopped payment meanwhile 3 years time is  barred if fresh instalment or interest is received from your debtor 3 years  time will start afresh.

Law Aspire (Legal)     06 July 2017

Originally posted by : Ms.Usha Kapoor
Limitation for recovery of money  is 3 years. but after suit for recovery it is not followed up within 12 years then recovery is never possible.If for a while you've  stopped payment meanwhile 3 years time is  barred if fresh instalment or interest is received from your debtor 3 years  time will start afresh.

How we can get acknowledgement of debt from the debtor, if he  refuses to acknowledge such debt.

Can we send him a letter stating that your such and such amount is pending and if you do not reply to this letter it will be deemed as you owe such amount of debt.
Is it possible?


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