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saurav (private practice)     11 September 2009

civil suit order 37

 i have one difficulity that i have filed suit for recover under order 37 on basis of cheque which was in favour of a company

the actual difficulity is i have filed the suit with plaintiff name of different company the defandant  is the same

both the companies are owned by the same person one is ltd company other is properitor concern the cheque was in name of limited company and case has been filed by properitor concern

case is at the preliminary stage summons have just been issued

please advise me what should i do   



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 10 Replies

Ashima Puri (Advocate)     12 September 2009

Withdraw the suit with the liberty to file the fresh suit and submit the issue before the judge

Ashima Puri (Advocate)     12 September 2009

 You can also move an application for amendment under Order 6 Rule 17 

saurav (private practice)     12 September 2009

 but both the enterprises are of same person and account statement is of the company which filed the suit  

actually the dedefandant was dealing with limited company first and then the business was transfered with the properitor concern

the cheque was given as a security to limited company

but the account statement is with the properitor concern

 

plz advice

Ashima Puri (Advocate)     12 September 2009

1. Is proprietor of the Company, one of the parties to the suit? 2. Which company issued the cheque? 3. the facts are not clear explain again and in detail your case can be sorted upon moving an application under Order 6 Rule 17 and amending the suit.

saurav (private practice)     13 September 2009

 propriotor of the firm is also the md of the company and the suit is instituted in the capacity of properioter of firm but there is a resolution of the company authorizing him proeprietor of the concern to file suit for recovery in both capacities 

defandant was dealing with ltd. company first than the business was transfered with the properitor firm the cheque was issued by the defandant as a security to the ltd company but when business was transfered to properitor firm no new cheque was taken as a security from him

Plz advice

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 September 2009

Mr.Sourav,

The holder of every dishnoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in notice the same for non_acceptance or non_payment, or otherwise, by reason of such dishonour, as he has under 37  Order for the recovery of the amunt of such bill or note.

Bhaskaran Advocate (Lawyer)     16 September 2009

 The other part is Section 37 deals with a summary suit.  Steps shall be taken only in Form 4 of Appendix "B"  at the time of filing the suit itself.  If defendant does not attend within 10 days of service of notice, you can ask of judgment forwith.

Bhaskaran Advocate (Lawyer)     16 September 2009

 The other part is  Order 37 deals with a summary suit.  Steps shall be taken only in Form 4 of Appendix "B"  at the time of filing the suit itself.  If defendant does not attend within 10 days of service of notice, you can ask of judgment forwith.

Bhaskaran Advocate (Lawyer)     16 September 2009

Originally posted by :D Bhaskaran
"  The other part is Order 37 deals with a summary suit.  Steps shall be taken only in Form 4 of Appendix "B"  at the time of filing the suit itself.  If defendant does not attend within 10 days of service of notice, you can ask of judgment forwith. "

CA CS CIMA Adv Dip MA Prakash (CA CS CIMA)     16 September 2009

 

Agreed

Originally posted by :ramachary
" Mr.Sourav,
The holder of every dishnoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in notice the same for non_acceptance or non_payment, or otherwise, by reason of such dishonour, as he has under 37  Order for the recovery of the amunt of such bill or note.
"


 


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