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Advocate Achintya Kr Mandal (Lawyer)     26 November 2016

Best way to recover money from an unwilling debtor

My Dear Experts,

One of my close friend had lent Rs. 4 lac to his acquitance 2.5 Years back with the assurance from the debtor that he would refund within 2-3 months. After lots of followup he had given a cheque of Rs.1.90L dtd 20.06.16. that has been bounced twice and a demand notice has been sent which the debtor received on 20.10.16 and he had 15 days to pay. He didn't respond. It seems a case of 138 may be filed within 02.12.16.

Now my friend has one blank Stamp paper and one dummy paper signed by the debtor. The stamp paper was dtd. 15.12.2012. I have 2 options in mind 1. Get a sales agreement of his flat done on the blank stamp paper or  2. A promissory note be made which could be used as a proof of his debt while filing case U/S 138.

I request the experts to give your valuable opinion to choose between above two options or suggest any other means so that the case should be stronger and easier.

Thanks

Rgds

Achintya

 



Learning

 1 Replies

Kumar Doab (FIN)     26 November 2016

If .........................if the examination of case docs is sent to lab for forensic examination.


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