Joseph (Transportation Coordinator) 13 March 2013
I have provided an unsecured loan to a private limited company (in which I am a shareholder), and the duration of the loan has expired in December 2012.
I have not received the loan amount nor the interest due for the last period.
The managing director (and Chairman of the company) had initially emailed that the monies would be returned, however for the last two months there is no correspondence.
How do I go about recovery of the loan amount and the interest ?
Advocate M.Bhadra 13 March 2013
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Institute of debt recovery suit U/o XXXII Civil Procedure Code are based
upon this guide line define in this section/under order as under. |
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FILING OF MONEY/ SUMMARY SUITS:-
A suit, to which this order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain- |
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| SUMMARY PROCEDURE |
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COURT AND CLASSES OF SIUTS TO WHICH THE ORDER IS TO APPLY-
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1. This order shall apply to the following courts, namely |
| (a) High courts, city civil Courts and courts of small cause. |
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(b) other
courts: provided that in respect of the court s referred to in clause (b), the high Court may, by notification in the official gazette, restrict the operation of this order only to such categories suits as it deems proper, and may also, from time to time, as the circumstances, of the case may require, by subsequent notification on the official gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this order as it deems proper. |
| 2. Subject to the provisions of Sub Rules (1), the order applies to the following classes of suits namely- |
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(b)suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising- (i) on a written contract, or
(ii) on an enactment, where the sum sought to be
(iii) on a guarantee, where the claim against the |
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