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N Nath   10 September 2015

Order 37 recovery suit for economics offese

Dear Sir/Madam,

I have invested around 40Lakhs ruppes in an Infrastructure company from Haryana when they had a branch in Odisha while they persuaded me for higher returns. Since last 8 months with various maturity dates they are not paying me my maturity amount after multiple requests via email, Regd Posts, legal notices; they saying they have shortage of funds as the land values have gone down. But they have collected the original receipts from me deceitfully saying they will pay me soon.

The local manager is hiding and not showing up when I visit his home at Odisha. The branch also closed now in Odisha. Like me there are around 20more people facing same difficulties.

Some people are are suggesting to file Order 37 recovery suit at Hon. High Courts. At the same time some people are saying as I dont have all the original bonds, so Order 37 can not be filed. I have some originals which can be summed upto 20Lakhs, including some expired cheques, and some bonds are of future dates.

Some suggested not to file 420case as the punishment is very minimal and the culprits are out on the road again after 6 months or 1 year.

Can you please advise Why should I file a Civil suit which might takes take years to recover. Why cant I file a windup petition? or Do I have any other legal remedy for this to recover my money and bring the culprits to justice?

Thanks in advance,

N Nath





 4 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     10 September 2015



For correct opinion please share the agreements, emails you have. Because the limitation period, terms of the contract, place of jurisdiction all becomes the subject matter to be looked into.


Warm Regards
Kapil Chandna Advocate



Biswanath Roy (Advocate)     11 September 2015

The remedial measure as you have asked for is not a easy task that can be advised on the basis of your cryptic information.  Your case is such that innovation of a new case is required hence, meet any Senior lawyer for the purpose.

Ajay Paplu (Lawyer)     13 September 2015

I agree with Mr. Bishwanth,  contact any senior lawyer with all documents and you can also file criminal case U/S 420, 406 IPC, so that he may appear before court and later on you may file civil suit for recovery of lost money.

T. Kalaiselvan, Advocate (Advocate)     18 September 2015

This is a matter to be dealt with by Economic offences wing of police. You should first lodge a proper complaint with them and follow it up vigorously through them, the EOW police will be capable of bringing the culprits to books. 

For recovery aspect you may consult a local lawyer and file a civil case as per his further advise.

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