Rollo 21 March 2019

Recovery/civil case in india for money lent in uae

Hi Guys,

I had lent around 40 lakh rupees to a business owner in UAE. The person sold the business to somone else and currenly the business is dissolved. I have both UAE company cheques and UAE personal cheques given by the owner. i filed a civil case for this and a judgement was issued for the LLC/ owner to pay back the amount owed. This person now is in India. Can I file a civil case in India to recover this money ? I am an Indian national.

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4 Replies

Vijay Raj Mahajan (Advocate) 21 March 2019

Yes you can file civil suit in India for recovery of the amount.

Shashi Dhara 21 March 2019

U see CPC foreign judgement section 2(5) &2 (6) it may apply for Ur judgement,decree or not.

Rollo 23 March 2019

Dear All,

Really appreciate your replies. Thanks. Sorrry to say this but it's said that court cases in India go on for years and years, from your experience in the field, do you think such a civil case would take many years ? Any estimate for the whole procedure ? Sorry I understand such things cannot be guaranteed but I just want to know what I would be getting in.

Also lets say this person does not have any assets, in this case will this person be imprisoned or will they be made to follow a payment plan?

thanks

Shashi Dhara 23 March 2019

U have to file execution only.if he is kept in prison it will be civil one and u have to pay daily charges until he is in prison if u not pay he would be released at once.