Ashley (Head - Legal & Secretarial) 26 June 2008
I would like to know what all documents are required in case of recovery suit in following case.
Party A has supplied goods to B. B has verbally given the order. Party has issued invoice for supply of goods. LR is not with party a as the LR was on the basis of To pay by the consignee. THe party has issued cheques which bounced, company has already filed suit u/s 138. there is no other documents.
views solicited.
Srinivas.B.S.S.T ( Advocate) 26 June 2008
No prob you can summon the transport company to prove that the goods were received by the accused.
Prakash Yedhula (Lawyer) 27 June 2008
THe copy of the invoice, cheque issued by the purchaser, notice any issued are sufficient to file a recovery suit. You can also file a summary suit instead of filing a regular suit. In a summary suit, the defendant has to file an application before filing his written statement(defence) seeking permission from the court to contest the case citing a case that there is a triable issue in the case. If the court is not satisfied with the case of the defendant, the decree can be passed straight away.
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