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Mayuresh Gujar (Jr)     05 December 2010

summary suit procedure

sir

i want to know about summary suit procedure for recovery of money cheque given by Ltd.company to Ltd company?

is demand notice necessary for this suit? if yes then what is the time limit ?

and i want to tell u one thing also that " criminal complaint under 138 " is rejected on the ground that, in the board resulotion, there is no power given to MD to execute gp in favour of any officer of company. In the judgement of  said criminal case, hon.Judge also said that the accused issued cheque in favour of complaint and there is legal debt.

so, i want to know that in the demand notice ,if necessary, can i mention facts of that criminal case?



Learning

 1 Replies


(Guest)

Issue a demand notice as per law by passing proper resolution to authorise to initiate the proceedings.

 Then file a suit for recovery of money based on the cheque

under the heading of suit write the suit  filed under (Under Order XXXVII of the Code of Civil Procedure 1908

the summons and notice form is different check with apeendix of CPC and consult your advocate in this matter and instruct him specifically to file the suit under this category


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