Whether legal notice mandatory prior recovery suits
Vishal jain
(Querist) 31 March 2023
This query is : Resolved
Hello
I took loan from bank and later bank filed a recovery commercial suit against me for the recovery of money.
Query...
whether a Legal Notice is madatory before filing a recovery suit OR in other words whether a demand Notice should be sent first OR directly a recovery suit can be filed...?
Isaac Gabriel
(Expert) 01 April 2023
You need to send notice before initiating suit.
T. Kalaiselvan, Advocate
(Expert) 01 April 2023
It is mandatory that a Statutory legal demand notice is to be sent by the lender to the borrower before filing the money recovery suit.
Advocate Bhartesh goyal
(Expert) 02 April 2023
It is never mandatory to send legal notice for demand to opposite party before filing money suit against him.
Dr J C Vashista
(Expert) 02 April 2023
In the instant case you are a borrower and the Bank must have issued notice to recall of loan, recheck Bank records.
In no case Bank shall file suit for recovery before issuance of notice(s) to defaulter, which are subject to regular scrutiny and audit.
A commercial suit shall be instituted against borrower for outstanding amount between Rs. 3 lakh to pecuniary jurisdiction of District Courts in terms of section 3 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018
Vishal jain
(Querist) 02 April 2023
where in writing ...which law says mandatory legal Notice before filing recovery commercial suit
kavksatyanarayana
(Expert) 04 April 2023
I opine that no mandatory requirement to issue notice before filing a money suit except for a government employee.
Section 80 of the Code of Civil Procedure holds that a legal notice is to be issued if the opposite party to the suit is government. That is if a government official has violated a person’s right, such a person must issue a legal notice before moving to the court. In case of dishonor of cheque, legal notice is to be sent. In debt recovery procedures, a legal notice is to be served to the defaulter in accordance with the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). The employer must send legal notice to the employee if he deprives the employee of his salary in any way.
Other than these, in money recovery cases and cases relating to partition, eviction, etc., legal notice is to be sent. Notice is only optional, not mandatory.
P. Venu
(Expert) 14 April 2023
To my knowledge, such Notices are not mandatory unless it is a case covered by Section 80 of the CPC.
Dr J C Vashista
(Expert) 15 April 2023
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Many More at: https://www.lawyersclubindia.com/profile.asp?member_id=31904
Now your another question herein above at: https://www.lawyersclubindia.com/experts/ whether-legal-notice-mandatory-prior-recovery-suits-748386.asp:
"where in writing ...which law says mandatory legal Notice before filing recovery commercial suit"
Can you please post what are actual facts of the problem vis-a-vis your concern and locus standi for consideration and obligation of experts, if there is some "real" dispute ???
