anuradha goyal (member) 27 April 2012

Recovery suit

Good evening experts,

I have one query. A supplied goods to B and raised an invoice of Rs 1,80000/-.B gave a cheque of Rs 100000/-.Cheque bounced.B didn't file 138 case..Almost one year has passed. Now whether A can file simple recovery suit or he can file summary suit U/o 37 Rule 1 &2.

Thanxs

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8 Replies

VENKATESH HEGDE (ADVOCATE) 27 April 2012

Yes he can ... before that he can issue a letter & legal notice regarding the non payment of dues ..

JANAK RAJ VATSA (ADVOCATE) 27 April 2012

yes, he can do that . it would however be preferable if he sends a legal notice first to B

VIRAJ KADAM (Advocate Supreme Court of India) 28 April 2012

Dear Friend,

You must first issue demand notice. Thereafter, you have to file summary suit for recovery.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

(Guest)

Yes recovery suit is maintenable- But you have to pay stamp fee % of total amount whereas in 138 N.I. Act it was nominal.

Advocate Bhartesh goyal (advocate) 30 April 2012

Now you have only one option that is" Recovery Suit " as limitation to file cheque boncing case has been expired..

shazad (member) 02 May 2012

what is 138 case? plz guid?

Nishith P Thakkar (lawyer) 02 May 2012

limitation for filling such kind of suit is 3 year from the transaction. or demand notice, you can file suit for payment of bill on transaction,bill etc.....if that is not aailabel as well u can file suit based on cheque, within 3 years of return of cheque