Mr Amit awarded some contract to Mr Sada for Rs. 2000/- for carrying out some contracts. Mr Amit has paid Rs. 1000 to Mr Sada for carrying out some contracts as under :- Rs. 100 in cash No proof available Rs. 100 in Cheque Proof available Rs. 100 in cash No proof available Rs. 100 in Cheque Proof available Rs. 100 in cash No proof available Rs. 100 in cash No proof available Rs. 100 in cash No proof available Rs. 100 in cash No proof available Rs. 100 in cash No proof available Rs. 100 in Cheque Proof available At the end of the year Mr. Sada gave in writing on Stamp Paper of Rs.100 that he has received Rs.1000 from Mr. Amit for carrying out certain jobs and notarized the same But Mr. Sada could not even start the work so Mr Amit did not give him further payment After 02 years on oral instruction of Mr Sada One third person Mr. Ramesh (friend of Mr. Sada ) gave Rs.200 in Cash to Mr Amit on account of Mr. Sada Mr. Amit recently sent Notice to Mr Sada calling him to pay Rs.1000/- along with interest but he failed to Reply So Mr Amit wants to file Summary Suit against Mr Sada on basis of following :- (1) Mr. Amit has shown in his Income Tax Return that he paid Rs.1000 to Mr Sada (2) In Mr. Amit’s audited balance Sheet the above entries are visible (3) Mr. Amit has original Stamp paper of Rs. 100/- signed by Mr. Sada as above (4) Mr. Amit sent Advocate’s Notice but not replied by Mr Sada Please advise what Mr Amit must do ? HARIOM
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Ansu karty suit before civil court for the recovery of amount since mr. S has failed to perform task the receipt of payment the stamp paper can be produced as proof of payment and Mr. Amit can recover same.
Since there is no proof of cash 200 received by amit he can claim directly the 1000.
Yes Amit can file Summary suit on the basis of duly notarized stamp paper for Rs. 1000/- . Sada has! not replied legal notice, it's does not make any difference for filing case. As regards, receipt of Rs. 200 on. Account of Sada is in cash and doesn't have any importance unless it was acknowledged by Amit. Besides Amit can also claim interest @18% prevalent in market
Ask Mr. Amit to file case in Civil Court under Summary suit.
Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods. Its object is to summarise the procedure of suits in case the defendant is not having any defence.
send a legal notice claiming an outstanding amount of Rs. 1000/- along with interest, which already sent,
now file suit for recovery
- Mr Amit has sufficient proof/evidence for the refund of his amount from Mr.Sada.
- Hence, as per law , Mr Amit can take legal actions against Mr Sada for the recovery of his amount.
- Since, Mr Amit has already sent demand notice , but no response from Mr.Sada within stipulated period given in the notice. Then he should file a Summary suit for the recovery of his amount from Mr. Sada with the mentioned documents .
Yes Amit can proceed with filing a suit for recovery of his money on the basis of the notarised agreement between him and the person who borrowed the amount.
The legal demand notice will be an additional evidence.
It's a good case you have. You can contest with him and get justice
Sirs On which amount the summary suit should be filed ? Paid on [deleted] Rs, 2000/-. And on [deleted] Received back vide RTGS Rs.200/- In Year 2017 Paid 2000 so 18% interest per year = 360 In Year 2018 after adding Interest (2000+360) Amt. 2360 18% interest per year = 425 till [deleted] At the end of year Amount = 2360 + 425 = 2785/- But repaid Rs, 200 on [deleted] Therefore Due as on [deleted] = Rs.2785/- less Rs.200/- = Rs.2585/- Now (1) Original Amount as on [deleted] is Rs.2000 (2) Amount of Rs. 200/- repaid on [deleted]. So, Amount due as on [deleted] = 2585/- (after adding Interest 2000+360+425 less Rs.200/- repaid) (3) In this way Amount as on date of filing [deleted] will be of Rs. 2585 plus Interest of 5 Months thereon Rs. 195/ - = 2585 + 195 = 2780/- So, Amount due as on [deleted] = 2780/- So Question arise on what amount the suit must be filed and court fee must be paid Option (1) Suit to be filed for Rs. 2000/- as on [deleted] plus interest thereon till realization Option (2) Suit to be filed for Rs. 2585/- as on [deleted] plus interest thereon till realization Option (3) Suit to be filed for Rs. 2780/- as on [deleted] plus interest thereon till realization Please advise what Mr Amit must do ? HARIOM
Total amount interest till the filing of suit
Suit on original amount seeking interest till date of realisation.
Amit should file summary suit to recover Rs 800 with interest
it cannot be filed on principal amount of Rs 1000 as Rs 200 was received by A
Suit cannot be filed on Rs 2000 as only Rs 1000 was paid to S out of which Rs 200 has been received
balance payable is Rs 800 plus interest
The option 3 would be the amount to be mentioned seeking decree of court. This amount may vary if you take more time till the date of filing the suit.
1. claim amount will be the amounts so far paid to Sada with interest thereon
2. interest to be calculated from respective dates of payment till filing of suit and further interest from filing of suit till actual realisation
3. court fees to be paid on the claim amount [principal + interest]
4. you will have to file a summary suit in the commercial division of the respective court on account of the commercial courts act
5. advisable to meet the court registry people for advise on court fees payable so that your suit does not get stuck in office objections - meet the court registrar
Suit to be filed for Original amount, Rs. 2000/- as on [deleted] plus interest thereon till realization.
Still you are confusing your self. You said Rs. 1000/- was duly acknowledged on stamp paper then where the question of Rs. 2000. You are charging compondable interest which is not possible. You can claim 18% simple interest on Rs. 1000 from date of singing till the date of filing of case with prayer for interest till its realization. Do one thing, provide me the date of signing of stamps paper and date of filing case, I shall calculate exact amount. Or you shall count number of days from date of stamps paper till date of filing and do as: 1000 * no. of days /365 , total interest will come
Sirs One technical problem has arisen Actually Mr Amit awarded some contract to Mr Sada for Rs. 2000/- for carrying out some contracts on base of two Brokers' References Mr 'A' and Mr 'B" At the end of the year Mr. Sada gave in writing on Stamp Paper of Rs.100 that he has received Rs.1000 from Mr. Amit for carrying out certain jobs and notarized the same But the fact is that on the aforesaid Stamp Paper of Rs.100/- all these three persons (Mr Sada, Mr 'A' and Mr. 'B') have written as under :- "We have received Rs.1000/- from Mr Amit for carrying out ............................... And all these three persons signed the aforesaid Receipt and the same has been notarised and all these three persons have signed before Notary" But actually only Mr Sada has taken the Contracts and he is only responsible and Mr 'A' and Mr. 'B' are Borkers who gave references but not guarantee Therefore Mr. Amit has sent Notice to Mr. Sada alone and not to Mr 'A' and Mr 'B' Now Mr Amit is filling case against Mr Sada only to whom he sent Notice but on Stamp Paper three persons (Mr Sada, Mr 'A' and Mr. 'B') have signed So question arise whether it will not create problem of mis-joinder or non-joinder or alke technical problem in the summary suit please guide HARIOM
See amit can serve notice again to all three parties of 15 days and can make all 3 party in the suit, new notice can be sent there won't be any issue in same.
This is a perfect case of non-joinder of necessary parties.
The other two parties have joined Sada in acknowledging the receipt of money for which this case is being filed.
Hence impleading the other two parties is essential.
It would create problems as all 3 have received Rs 1000 and not only Mr S
better file ordinary civil suit against all 3 otherwise suit would be bad for non joinder of parties
Sirs Ok BUT Mr Amit had sent Notice through RPAD to Mr Sada before one Month which was received by him But thereafter he has closed his Office And therefore 2nd Notice sent to Mr Sada was returned unserved by saying "not Found on address" Quarry - 1 So now should I send notice to remaining Two persons Mr "A" or Mr "B" or should I have to send Notice to all the three persons Quarry - 2 Further is it necessary to give 15 days time or 3 days time is enough Quarry - 3 And thereafter Summary suit can be filed against them like Mr Sada as borrower and Mr "A" Mr "B" as Guarantors Or Ordinary Civil Suit is better please guide HARIOM
1. Send notice to all three let it written unserved.
2. Give atleast 15 days time.
3. Make party to all three as mentioned in the stamp paper. File summary suit after judgement of summons of judgement, court will convert into regular suit.
Send legal notice to other 2 parties also
2) no need to give them 15 days time
3) one week should suffice
4) better file ordinary civil suit against all 3 parties
1. Ye
2. Give a weeks time to adhere to notice.
3. I'f you have proper documents summary suit can be filed
1. Legal notice can be sent to one person only once and not repeatedly even though he has not responded to the first notice.
Now the legal demand notice can be sent to the other two persons too, but since you have already sent a legal notice to one party, it would be better if you send a rejoinder notice to the same party and implead the other two parties in the rejoinder notice, this will clear the ambiguities, if any.
2. The time to be given for their compliance is your own discretion.
3. It is better you implead everyone as parties to the suit and file a money recovery suit, because sometimes due to technical issues, the summary suit may not be maintainable.
Still you are not disclosing clear picture. Earlier you said only Sada signed, now you are saying Mr. A and B also signed acknowledged by writing "We". So provide clear picture : if all three have acknowledged then summary suit shall be filed against them. If other two merely witness then the may be in a position to lead evidence. Quary 1. Answer would be when you provide clear picture - It's doesn't matter in summary even you failed to send notice. Quary 2. There is no mandatory in Civil case to provide time of 15 days but it is general practice followed. Quary 3. Summary suit is better because it is time bound and less consuming of time as compare to regular recovery suit. But if you are going to file summary or regular suit of recovery for such a petty amount, you may incurr litigation cost more than what you may recover because court expenses may high if you engage advocate. Or even you fight, it may consume your time as well as expenses. More over you may go ahead for summary suit
Mr Amit can only file suit for recovery against Mr sada for rupees 1000 rupees provided it is not barred by limitation. Without proof, he cannot file the case for the remaining amount.
Mr Amit cannot claim Rs. 2,000 in absence of any documentary evidence to prove the same from Mr sada. The prinicipal amount would be taken as Rs.1000 only.
Mr A and B would not be made a party in the suit under order 37 as it is a summary case for which no formal trial takes place. The cases are done summarily in such suits.
Summary suit is better.