Summery suit - part payment received in year back
Dagliamit
(Querist) 27 December 2014
This query is : Resolved
I have issued more than 15 bills to three parties (Proprietor and Two Partnership - One Group only). Out of this six bills has been cleared by them and almost 9 bills is outstanding till 18 months. I have promisory note received saying that proprietor will pay for the same. Opposite parties resides at Surat. My quetstion is that :
1. I have received payment for six bill which is cleared and for remaining 9 bills can I file Summery Suit ?
2. There is clause for delay charges which is 2% per month - which can be claimed ?
3. Any stamp-duty payable for Summery Suit ? and what will be jurisdiction i.e. Ahmedabad or Surat ?
4. Oppsite party is partnership firm - I have no details of other partners. Can I file suit against Firm and known party leaving unknown partners of the said firm ?
5. What will be approx time for decree ?
Devajyoti Barman
(Expert) 27 December 2014
1. yES, YOU CAN.
2.You can claim interest upto 18% statutory rate of interest.
3.Yes, check with local lawyer as it differs from state to state.
4.Yes, you can.
5. not before 3-4 years/
ajay sethi
(Expert) 27 December 2014
issue legal notice and file summary suit for recovery of balance amount with interest as per terms and conditions of contract .
you have to pay court fees for filing summary suit as per court fees act of gujrat .
once defendant files appearance you have to take out summons for judgement . you can get orders on summons for judgement within period of one year .
decree may take some years depending upon pendency of cases .
R.K Nanda
(Expert) 27 December 2014
agree with experts.
Sailesh Kumar Shah
(Expert) 28 December 2014
before filing summary suit, issue legal notice through advocate.
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
You may first issue legal demand notice demanding the dues and non compliance of your demand, you may proceed with the money recovery suit, take the help of a local lawyer for following the procedures.
Devajyoti Barman
(Expert) 29 December 2014
sending of notice does not create fresh cause of action if 3 years expires
