recovery of debts
P.C. Joshi
(Querist) 22 November 2009
This query is : Resolved
Dear friends,
some of our customers are not paying for one year or more some have crossed three years. Can you pls advise what legal remedy available to us to recover the money is any criminal suit is maintainable.
Regards
P.C. Joshi
Adv Archana Deshmukh
(Expert) 22 November 2009
You can file a civil suit for recovery. But the dues older than 3 years are barred by limitation unless your customers have acknowledged the dues and its repayment in writing so that a fresh limitation period of 3 years can start from that date.
P.C. Joshi
(Querist) 22 November 2009
Can you pls ref. the relevant order and rule of CPCother applicable law if u do n't mind.
Regards
P.c. joshi
Y V Vishweshwar Rao
(Expert) 22 November 2009
I agree with the Opinion of Adv Archana
The Procedure for filing the suit !
Sec 26 Ordr 4 & Orders 7 of CPC- for filign Suit .
Sachin Bhatia
(Expert) 22 November 2009
If the dues are within limitation of 3 years then you can file a suit for recovery.
P.C. Joshi
(Querist) 22 November 2009
Is any criminal suit is also maintainable, specially if the customer after holding payment for over two years does n't pay and makes counter claims on some false grounds.I think a 420 case may be made out.
Regards
P.C. Joshi
niranjan
(Expert) 22 November 2009
No doubt limitation is for three years for recovering dues, but in my opinion if you are maintaining books of accounts and maintain the account of the customer by adding interest,you can sue from the entry of the last year.
Raj Kumar Makkad
(Expert) 22 November 2009
No criminal case be filed in the given circumstances as this is purely a civil matter and if some of your customers have made counter claim against you by producing false accounts then you are benefitted more as the limitation of 3 years automatically goes in such case and your case shall now become rendition of accounts and recovery.
