Time limit to file summary suit and citation
Querist :
Anonymous
(Querist) 14 July 2018
This query is : Resolved
we supplied material to one of our customer during year 2012 to 2015 by several invoices, customer has paid some as per invoice and som on account. he stop paying money after 3rd august 2015 .
we are MSE and we give case to our advocate and he suggested to root recovery through MSEFC under Samdhan act. he has send demand notice to customer in 2016 ,which was return undelivered with comments refused .
After that our advocate does not act and assured us that he is in touch with MSEFC ti file petition
In 2017 he file online petition which has been rejected by MSEFC with reason unknown .advocate filed complain with concern Ministry in may 2018 and reply was received by him from department in June 2018.
still he has not filed petition .
now the question is can summery suit limitation are from date of invoice or can we consider the time 3 year from last payment we received which is 3rd august 2015 .
since this the last transection with customer . can our summary suit are within time limit if we file is in a week time? because last payment received on 3rd August 2015.
need quick advise as time very little.
babulal mehta
Dr J C Vashista
(Expert) 15 July 2018
Engage a local prudent lawyer, without waiting for a "quick advise" FREE OF COST, as directed (not requested) by you.
Change your tone and toner.
R.Ramachandran
(Expert) 15 July 2018
You can take 3rd August 2015 to count the limitation.
File the summary suit without waiting for any further loss of time.
R.K Nanda
(Expert) 15 July 2018
Yes, you can count limitation of 3 years from 3/8/15
Kumar Doab
(Expert) 15 July 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 15 July 2018
The date of last payment (against invoices and goods supplied) may be taken for limitation, as posted by you.
You may also change your lawyer since you are not satisfied as per your post, and approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you.
Check for such counsel at LOCAL civil courts, HC.
Advocate Bhartesh goyal
(Expert) 15 July 2018
Yes, you can count the limitation period 3 years from 3 Aug 2015 which is the date of last payment,for filing suit.
