WE HAD ONE UNDER TRIAL CASE OF U/S 138 NOW WISH TO FILE A FRESH CASE FOR SUIT FOR RECOVERY UNDER ORDER 37. MY QNS IS CAN WE ISSUE FRESH NOTICE TO THE ACCUSED BEFORE FILLING THE SUIT FOR RECOVERY OR DIRECTLY FILE THE CASE. PLS. HELP ME ?
Advocate R Gupta (Advocates) 29 June 2015
WE HAD ONE UNDER TRIAL CASE OF U/S 138 NOW WISH TO FILE A FRESH CASE FOR SUIT FOR RECOVERY UNDER ORDER 37. MY QNS IS CAN WE ISSUE FRESH NOTICE TO THE ACCUSED BEFORE FILLING THE SUIT FOR RECOVERY OR DIRECTLY FILE THE CASE. PLS. HELP ME ?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 June 2015
Why fresh notice again? File straight away petition in the court of law and enclose the old notice papers.
Advocate Bhartesh goyal (advocate) 29 June 2015
No need to issue fersh notice,submit the copy of notice already sent by you to accused.
ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 29 June 2015
In civil suit under summery procedure you are intitled for interest and even costs.
So earlier notice you may not have claimed interest that is why fresh notice will be necessary.
Claim interest charges from date of dues AND while filing the suit calcualte up todate of fiing and pray for further interest and costs till recovery.
Advocate R Gupta (Advocates) 30 June 2015
THANX ALL FOR YOUR CONCERN...BUT I AM STILL IN CONFUSION...WHAT TO DO...
WHAT IS CLEAR INSTRUCTION IN THE CIVIL SUIT FOR RECOVERY CASES ACT....
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