Client not releasing old outstanding
somesh
(Querist) 08 June 2018
This query is : Resolved
Dear Sir,
I have some outstanding dues with my client since 5 years now and he is not releasing the same. i have obtained post dated cheques 5 years back which was returned thrice due to insufficient funds. Somehow he managed to pass 5 years requesting me not to take any legal actions as he will pay the amount very soon and i trusted him.
i filed an FIR with police station near my office with the help of court 3 years back, police called him at police station but didn't took any action (may be he might have bribed them) instead they asked us to go to court as it is a civil case . Now i cannot file 138 against him as dates of the cheques is passed, secondly i am bankrupt so do not have enough funds to fight against him. he is a billionaire so he can chuck me out where ever i go against him.
what should i do please reply.
thanks in advance
Siddharth Jain
(Expert) 08 June 2018
you can file a summary suit under order 37 cpc, but you will have to pay court fee in this, but the results are very quick in such suits as they are summary in nature.
Siddharth Jain
(Expert) 08 June 2018
you can file a summary suit under order 37 cpc, but you will have to pay court fee in this, but the results are very quick in such suits as they are summary in nature.
Siddharth Jain
(Expert) 08 June 2018
The real benefit of an Order 37 Suit is that unless the Defendant is able to demonstrate that he has a substantial defence in his case, the Plaintiff is entitled to a judgment immediately.
Regards,
Siddharth Jain
isidjain1@gmail.com
Ms.Usha Kapoor
(Expert) 09 June 2018
You file Insolvency petition and no need to pay court fee.Contact a reputed civil law expert.
R.Ramachandran
(Expert) 09 June 2018
I dont think any one of the Experts here cared about the issue of limitation, before suggesting for summary suit, and insolvency petition etc.!
R.Ramachandran
(Expert) 09 June 2018
I dont think any one of the Experts here cared about the issue of limitation, before suggesting for summary suit, and insolvency petition etc.!
somesh
(Querist) 11 June 2018
ramchandranji please suggest some way out my whole payment is stuck with him and i am afraid of his intentions.
AKSHANSH SINGHAL
(Expert) 16 June 2018
You can file insolvency petition under section 8 of Insolvency and Bankruptcy Code, 2016.
Guest
(Expert) 16 June 2018
Dear Shri Akshansh Singhal,
can you please clarify in what way the insolvency petition of the querist, himself, can help him recover his outstanding amount from his client that too after the limitation period?
Guest
(Expert) 16 June 2018
Dear Shri Akshansh Singhal,
can you please clarify in what way the insolvency petition of the querist, himself, can help him recover his outstanding amount from his client that too after the limitation period?
Guest
(Expert) 16 June 2018
Dear Shri Akshansh Singhal,
can you please clarify in what way the insolvency petition of the querist, himself, can help him recover his outstanding amount from his client that too after the limitation period?
somesh
(Querist) 16 June 2018
Dhingra sir please suggest me some way out
Guest
(Expert) 16 June 2018
If you want casual solution to your unconvincing casual story, the answer is, at first hire services of some local lawyer, send the client a legal notice and thereafter file a case in the competent court of law with due respect of the laws of limitation.
Otherwise, get the whole case examined in detail with reference to the case related documents and correspondence exchanged with your client by discussing about the transactions and dealing history of your client with some well experienced local lawyer and act according to his advice.
NOTHING CAN BE GUESSED WITHOUT EXAMINATION OF THE CASE AND THE CASE RELATED DOCUMENTS.
