Recovery suits
A recovery suit is a civil proceeding to recover a sum of money that is due and has not been paid — under an invoice, a loan, an account, a cheque, a guarantee, or an obligation to return money that was advanced.
The strength of a recovery matter lies almost entirely in the paper trail. What was owed, when it became due, what was acknowledged and when. Invoices with proof of delivery, a running account with confirmed balances, part-payments, a written acknowledgement of the debt, a dishonoured cheque with the bank’s memo, a statement of account not disputed at the time — each of these both proves the debt and, importantly, affects the period within which the suit must be brought. A debt that is plainly due can still fail if the suit is filed too late, and an acknowledgement made in time can preserve it.
Before a suit is filed there is usually a demand: a notice setting out the amount, the basis on which it is claimed and the time within which it must be paid. A notice is not a formality — it fixes the claim, records the refusal, and is often the document that produces payment without litigation. Where the claim is on a written instrument or an admitted account, a summary procedure may be available, which is faster because the defendant must obtain the court’s leave to defend.
A decree is not the end of the matter. Money is realised in execution — by attachment and sale of the debtor’s property, by attachment of debts owed to the debtor by third parties, or by other means the court allows. Because a debtor who has resisted payment for years may also have disposed of assets, the chambers advises at the outset on what security or interim protection is worth seeking, so that a decree obtained later is not a decree against an empty pocket.
Advocates at the chambers handle recovery matters, including notices of demand, suits for recovery of money and on dishonoured instruments, summary proceedings where available, interim attachment, and execution of decrees. The chambers also acts for defendants resisting a claim that is barred, overstated or based on a disputed account.
What this area covers
- Suits for recovery of money due under invoices and accounts
- Recovery of loans, advances and inter-corporate deposits
- Claims on dishonoured cheques and other instruments
- Claims against guarantors and on indemnities
- Notices of demand and pre-litigation recovery
- Summary procedure where the claim is on an instrument or admitted account
- Interim attachment and protection of assets
- Execution of money decrees, and defence of execution proceedings
The advocates who handle these matters
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Bimlesh Kumar Jain
In practice for over fifty years, in civil matters including property and matrimonial law.
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Aditya Kumar Jain
In practice for over ten years, with a focus on property law, working with a team of associates.